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 3:30 PM IST

      Parikh: It was this imbalance which was sought to be redressed by means of reservation.

    • 13 Sept 2022 3:24 PM IST

      Parikh: The objective behind reservation was to ensure adequate representation of socially and educationally backward communities. 

    • 13 Sept 2022 3:21 PM IST

      Parikh: Lordships may now come to my note. What is substantive Equality? [Reads from his note]

    • 13 Sept 2022 3:19 PM IST

      Parikh: 15(4) when it came, it had in mind weaker sections what was in 46 also. This was also in Champakam and then we see observation of Justice Sawant too.

    • 13 Sept 2022 3:19 PM IST

      Sr. Adv. Parikh reads from the parliamentary debates on Article 46 and what weaker sections mean under 46. 

    • 13 Sept 2022 3:18 PM IST

      Parikh [quotes from Parliamentary debates]

      J Bhat: It is this where we find Prof K.T. Shah's comments on economically backward classes?

      Parikh: No, it's Dr. Ambedkar

    • 13 Sept 2022 3:18 PM IST

      Parikh: If you look at 46, the distinction as far as 15(4) is concerned, virtually whatever was given in 16(4) was taken in 15(4). One aspect comes out when read with 46- weaker sections of SC/STs...

    • 13 Sept 2022 3:18 PM IST

      Parikh: If your lordships look at the other part whether economic criteria can come in at all, my submission is economic criteria was not accepted. One important factor in Champakam which was stuck down. Look at 15(4)...

    • 13 Sept 2022 3:11 PM IST

      J Bhat: Both the previous counsels have told us about the idea of reservation on account of stigmatization and marginalisation. You can take it further.

      Parikh: When we look at it, backward classes mentioned here are ultimately SEBCs.

    • 13 Sept 2022 3:11 PM IST

      Parikh: The drafting committee had to reconcile three principles - one, equality of opportunity, two, reservation for certain communities...

      J Bhat: We can read this, just give us the idea. Even other counsels have to come.

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