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7 Nov 2022 3:49 AM GMT

The Supreme Court to pronounce the Judgement TODAY determining the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections (EWS) in education and public employment came out today. The matter was heard by a 5-judge bench comprising Chief Justice of India UU Lalit, Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala who held hearing for seven days.

The petitions challenged 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.

CASE TITLE: Janhit Abhiyan v. Union Of India with 32 connected matters | W.P.(C)NO.55/2019 and connected issues


Live Updates

  • 7 Nov 2022 6:17 AM GMT

    Correction : It was mistakenly tweeted in the above thread that 4 judges upheld EWS quota.

    Correct position :3 judges out of the 5-judge bench upholds EWS Quota (J Dinesh Maheshwari, J Bela Trivedi & J JB Pardiwala). CJI UU Lalit & J Ravindra Bhat strike it down.

  • 7 Nov 2022 5:45 AM GMT

    #BREAKING CJI UU Lalit concurs with the view of Justice S Ravindra Bhat.

    So EWS Quota upheld by 3:2 (Justice Dinesh Maheshwari, Bela Trivedi and JB Pardiwala in majority. CJI UU Lalit and Justice S Ravindra Bhat in minority)

  • 7 Nov 2022 5:44 AM GMT

    CJI: I have concurred with the view taken by Justice Bhat in its entirety

  • 7 Nov 2022 5:44 AM GMT

    Bhat J: It is declared that Sec 2 and 3 of the Constitution 103rd Amendment Act are unconstitutional and void on the ground that they're violative of basic structure

  • 7 Nov 2022 5:44 AM GMT

    Justice Bhat : Articles 15(6) and 16(6) are struck down for being discriminatory and violative of equality code resulting in violation of basic structure.

  • 7 Nov 2022 5:43 AM GMT

    Justice Bhat : The exclusion is based on social origin which destroys the equality code. Therefore on Question 3 it is clear that the classification of impugned amendment is arbitrary.

  • 7 Nov 2022 5:43 AM GMT

    Justice Bhat : Introducing reservation on economic criteria is permissible. But exclusion of backward classes among SC/ST/OBC on the ground that they have enjoyed benefits is arbitrary.

  • 7 Nov 2022 5:42 AM GMT

    Justice Bhat : Summary of findings -

    1. Reservation on economic criteria is per se not violative.

    2. Excluding backward classes from SC/ST/OBC from EWS is violative of basic structure.

  • 7 Nov 2022 5:42 AM GMT

    Bhat J quotes Vivekananda : "If anyone dreams of exclusive survival of own religion and destruction of others, I pity him".

  • 7 Nov 2022 5:42 AM GMT

    Bhat J: I want to highlight the words of two social workers- Swami Vivekananda's message in Chicago in 1893 on universal brotherhood to all.

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