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 2:11 PM IST

      Arora: EWS explicitly excludes disadvantaged SEBCs. It violates (basic structure) in a manner that it excludes a particular segment and does not bear equality at all. 

    • 13 Sept 2022 2:11 PM IST

      Arora: There are no safeguard features, no guard rails, not even an end point. For instance, under Article 16 there is an end point. EWS has no end point, no safeguards, unlike existing reservations.

    • 13 Sept 2022 2:10 PM IST

      Arora: This was on cause for reservation. Coming to the next limb- what is the consequence? 

    • 13 Sept 2022 2:10 PM IST

      Arora...class would compete and those who belong to socially and educationally advanced classes will get the whole quota..."

    • 13 Sept 2022 2:10 PM IST

      Arora: [continues reading from judgement] "The addition of the word economically will add variance to Article 340. He added, socially is much wider terms including economically, this shows that economically alone was discarded...if poverty alone is made the test, poor from all...

    • 13 Sept 2022 2:05 PM IST

      The bench resumes hearing.

      Arora: If I may read a couple more lines from the judgement...that will sum up what I wish to submit.

    • 13 Sept 2022 1:04 PM IST

      Arora: Mere economic or educational backwardness cannot be the criteria of backwardness under Article 16(4).

      Bench rises for lunch break.

    • 13 Sept 2022 1:04 PM IST

      Arora: Mere economic aid will not give them (backward classes) means to compete with forward classes- This is also the core of my submissions.

      Arora: Article 16(4) is not aimed at providing economic aid. [Continues from judgement] "Such backwardness is both the cause and consequence of non representation in country. All other kinds of backwardness are irrelevant. Backwardness has to be of whole class." 

    • 13 Sept 2022 1:03 PM IST

      Arora: My submission in the beginning was that my lords have struck down economic criteria as single criteria for backwardness.

      [Continues reading from judgement]

    • 13 Sept 2022 12:59 PM IST

      Arora: The purpose of the two is different. One is for limited purposes of reservations and one is for all purposes. This is my one limb. 

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