EWS Reservation- Supreme Court Constitution Bench Hearing- LIVE UPDATES

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13 Sept 2022 10:33 AM IST

  • 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.

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    Live Updates

    • 13 Sept 2022 3:44 PM IST

      Parikh: Impugned amendment violates the width test as it violates the 50% rule in Indira Sawhney and the identity test as economic criteria cannot be sole criteria for reservation. This violates the equality code and takes us to the era of hegemony...

    • 13 Sept 2022 3:40 PM IST

      Parikh: I'm reiterating that it cannot be on the basis of economic criteria which is not a part of the equality code in article 14,15 and 16.

    • 13 Sept 2022 3:40 PM IST

      Parikh: Para 13 talks about mechanism available in DPSPs

      J Bhat: This again quotes Justice Sawant.

      Parikh: No I'm not reading it because it has already been mentioned.

    • 13 Sept 2022 3:32 PM IST

      CJI: Yes, please move on

    • 13 Sept 2022 3:32 PM IST

      Sr. Adv. Parikh refers to Indira Sawhney judgement.

    • 13 Sept 2022 3:31 PM IST

      Parikh: Not only can they not participate, even if a backward person comes under EWS, he cannot participate. This is on face of it arbitrary and discriminatory.

    • 13 Sept 2022 3:31 PM IST

      Parikh: "16(1) cannot be used to advance forward classes..."

    • 13 Sept 2022 3:31 PM IST

      Parikh: 8 out of 9 judges said that economic criteria cannot be some criteria to grant reservation under 16...on vertical or horizontal, this is important. [Refers to Justice Sawant's opinion]

    • 13 Sept 2022 3:31 PM IST

      Parikh: In this we may have to repeat because each idea is interlinked...what will happen is that entire thought process will go.

      Bhat J: Go to passages you have to focus on.

      Parikh: I'll summarize

    • 13 Sept 2022 3:30 PM IST

      J Bhat: Mr. Parikh, the thought that reservations are meant only for socially disadvantaged- we have spent the whole day on that. Take the idea further.

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