EWS Reservation- Supreme Court Constitution Bench Hearing- LIVE UPDATES

LIVELAW NEWS NETWORK

13 Sep 2022 5:03 AM GMT

  • EWS Reservation- Supreme Court Constitution Bench Hearing- LIVE UPDATES

    The Supreme Court Constitution Bench will commence the hearing on the cases challenging the constitutional validity of reservation for . In the last hearing, the 5-judge bench comprising Chief Justice of India UU Lalit, Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala had proposed to complete the hearing on the matter in five working days, and start the same...

    The Supreme Court Constitution Bench will commence the hearing on the cases challenging the constitutional validity of reservation for  .

    In the last hearing, the 5-judge bench comprising Chief Justice of India UU Lalit, Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala had proposed to complete the hearing on the matter in five working days, and start the same from today, that is, September 13, 2022

    The petitions challenge the validity of Constitution (103rd) Amendment Act 2019. Economic reservation in jobs and education was proposed to be provided by inserting clause (6) in Articles 15 and 16 of the Constitution through the amendment passed by the Parliament in January 2019. The newly inserted Article 15(6) enabled the State to make special provisions for advancement of any economically weaker section of citizens, including reservations in educational institutions. It states that such reservation can be made in any educational institution, including private institutions, whether aided or unaided, except minority educational institutions covered under Article 30(1). It further states that the upper limit of the reservation will be ten percent, which will be in addition to the existing reservations. After the amendment was notified by the President, a batch of petitions were filed in the Supreme Court challenging the constitutional validity of economic reservation.

    FOLLOW LIVE UPDATES HERE

    Live Updates

    • 13 Sep 2022 5:36 AM GMT

      Gopal: In light of all this i submit that the time has come for the court to recognize in basic structure, a social justice code because it not only includes equality but also includes basic structure of democracy and also part four. These three elements should be looked from a prism..

    • 13 Sep 2022 5:30 AM GMT

      Gopal: (reads from debates) Dr. Ambedkar said we need to safeguard the principle of equality and opportunity and satisfy the demand of communities which did not have representation so far...

    • 13 Sep 2022 5:29 AM GMT

      Gopal: Equality was always a demand of backward classes and not the elite classes because it's them that needed equality.

      Gopal: They asked for representation, not economic upliftment

    • 13 Sep 2022 5:28 AM GMT

      Gopal: Nagappa stated that "We are the aboriginals of this country." There was fear that this would be realized or would the dominant classes push back.

      (Continues reading from the constituent assembly debates on minority classes)

    • 13 Sep 2022 5:28 AM GMT

      Gopal: The basic structure doctrine seeks to respect social justice. The more powerful needs to yield a little, be gracious and not push out. 96% of Indians earn less than 25000 Rs for a family of four. We need to yield to this 96% and be gracious.

      Gopal: 72 years later we're thriving. But there was fear. 12 days after our indian independence, two dalit members made historic remarks- Shri Muniswamy Pillai stated that there is fear in the mind of Harijans and Sri Nagappa agrees and states "I want my due share" 

    • 13 Sep 2022 5:25 AM GMT

      Gopal: The basic structure doctrine seeks to respect social justice. The more powerful needs to yield a little, be gracious and not push out. 96% of Indians earn less than 25000 Rs for a family of four. We need to yield to this 96% and be gracious.

    • 13 Sep 2022 5:22 AM GMT

      Gopal: "I come to the doctrine of fraternity which is allied with the Constitution." These are two very powerful quotation by SC which have penetrated public discourse.

    • 13 Sep 2022 5:21 AM GMT

      Gopal (continuing reading from the judgement): "The need for fraternal concort was never needed more than now." This remark is applicable even now.


    • 13 Sep 2022 5:20 AM GMT

      Gopal: "It is a document of social revolution"- these are the words used by this court. So this court introduced the idea that the constitution is a charter of social revolution.

      Gopal: [Reads from Prithvi Raj Chauhan v. Union of India, 2020]

      "It (the constitution) is more. It is also a pact between people about relationships that they guarantee to each other..."


    • 13 Sep 2022 5:20 AM GMT

      Gopal: "It is a document of social revolution"- these are the words used by this court. So this court introduced the idea that the constitution is a charter of social revolution.


    Next Story