EWS Reservation- Supreme Court Constitution Bench Hearing DAY 2- LIVE UPDATES

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14 Sept 2022 10:33 AM IST

  • EWS Reservation- Supreme Court Constitution Bench Hearing DAY 2- LIVE UPDATES

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

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

    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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    • 14 Sept 2022 10:43 AM IST

      Kumar: Since then reservation has continued in Mysore except when Balaji struck it down and economic reservation was introduced. In the meanwhile, Maharaja Sahu introduced reservation in 1902 and all states followed suit.

      Kumar: This was given statutory recognition under GOI Act 1935 where the beneficiaries of reservations came to be divided in depressed classes, SCs and STs and that was accepted by makers of constitution.

    • 14 Sept 2022 10:42 AM IST

      Kumar: He distributed all sites for education and then he said policy of reservation should be streamlined. The then CJ, Sir Miller was appointed as chairman by committee to go into this question.

    • 14 Sept 2022 10:41 AM IST

      Kumar: ...Mysore in 1872. This was introduced in only police, only in inspectors, SI and head constable. Out of 10 posts, 2 posts were earmarked for Brahmins, rest were to be filled by non brahmins including Muslims, Anglo Indians etc.

      Kumar: Mysore Brahmins raised an issue and was concedeed by Maharaja. After the Mysore Brahmins got this, non brahmins also started. Because those days revenue was collected exclusively by landlords. That is when the then Maharaja, introduced a benign policy...

    • 14 Sept 2022 10:39 AM IST

      Kumar: Soon after the census, administration took notice of imbalance of caste because noone knew the population of each caste. Incident happened in Mysore, after census were published, there was a monopoly in state administration. So first reservation policy was conceived in..

      Kumar: ...Mysore in 1872. This was introduced in only police, only in inspectors, SI and head constable. Out of 10 posts, 2 posts were earmarked for Brahmins, rest were to be filled by non brahmins including Muslims, Anglo Indians etc.

    • 14 Sept 2022 10:36 AM IST

      CJI: You can just give us an outline of Champakam.

      Kumar: It's a seven-judge bench. This was the policy of reservation, if I may give a brief background. Mr. Gopal has sufficiently outlined the history of the policy of reservation. 

    • 14 Sept 2022 10:35 AM IST

      Prof. Ravi Verma Kumar (for petitioners): Yesterday I made a reference to Champakam Dorairajan.

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