BREAKING: SUPREME COURT UPHOLDS 10% RESERVATIONS FOR ECONOMICALLY WEAKER SECTIONS (EWS) LIVE UPDATES

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7 Nov 2022 3:49 AM GMT

  • BREAKING: SUPREME COURT UPHOLDS 10% RESERVATIONS FOR ECONOMICALLY WEAKER SECTIONS (EWS) LIVE UPDATES

    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...

    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

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    Live Updates

    • 7 Nov 2022 5:35 AM GMT

      Justice Bhat : The fraternity principle is deeply embedded. All individuals go through same natural process. Fraternity awakens humans that despite our differences, the institutions are collective.

    • 7 Nov 2022 5:34 AM GMT

      Justice Bhat : Permitting breach of 50% would result in compartmentalisation. The rule of right to equality will become right to reservations taking us back to Champakam Dorairajan

    • 7 Nov 2022 5:34 AM GMT

      Bhat J: I wish to address one point - more as a note. It is pertinent to note of 50% limit breach is principle ground of attack. The Tamil Nadu Backward Class amendment was held to be violative. this judgement may dwell on questions which will be dealt in that case

    • 7 Nov 2022 5:32 AM GMT

      Bhat J: Therefore, I hold that amendment is valid but for Question 3 the amendment has to go

    • 7 Nov 2022 5:32 AM GMT

      Bhat J: Reservations in private institutions is not per se violative. These institutions constitute material resources of community in which state has a vital interest

    • 7 Nov 2022 5:31 AM GMT

      Justice Bhat after referring to statistics : The bulk of the poor belong to classes mentioned in 15(4) and 16(4) (ie poor among SC/ST/OBC categories)

    • 7 Nov 2022 5:29 AM GMT

      Justice Bhat : The exclusion neglects this principle and strikes the heart of the equality code.

    • 7 Nov 2022 5:29 AM GMT

      Justice Bhat : By excluding the poor among SC/ST/OBC from economically backward classes, the amendment practices constitutionally prohibited forms of discrimination.

    • 7 Nov 2022 5:28 AM GMT

      Justice Bhat : The amendment practices constitutionally prohibited discriminations.

    • 7 Nov 2022 5:28 AM GMT

      Justice Bhat : The characterization of excluding the poor of SEBCs is incorrect. What is described as benefits cannot be understood as free pass, it is a compensatory mechanism to reparate.

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