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EWS Reservation- Supreme Court Constitution Bench Hearing- LIVE UPDATES

LIVELAW NEWS NETWORK
13 Sep 2022 5:03 AM GMT
EWS Reservation- Supreme Court Constitution Bench Hearing- LIVE UPDATES
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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 Sep 2022 10:36 AM GMT

    CJI: If time permits, we'll look. Impress upon all your colleagues to be precise and clear...Your idea of Champakam is in new light.

    Bench concludes hearings for the day.

  • 13 Sep 2022 10:36 AM GMT

    Counsel: Kindly compare 103rd amendment where 60% of seats to be filled up. All these posts are divided amongst all castes and communities. Sharp question is whether Champakam judgement comes in the way of this amendment. I will continue tomorrow.

  • 13 Sep 2022 10:34 AM GMT

    Counsel: What was said in the G.O was interesting...

  • 13 Sep 2022 10:34 AM GMT

    Counsel: My principal submissions will be that they have looked into prohibitions against discrimination and then see what follows. Then the impact of 103rd amendment. Kindly look at Champakam judgement, where communal G.O. was struck down.

  • 13 Sep 2022 10:31 AM GMT

    Counsel: 103rd amendment violates basic structure...

    CJI: That we've already framed anyway.

    J Bhat: We're waiting for 23.

    CJI: Give brief outline, you can proceed tomorrow then

  • 13 Sep 2022 10:30 AM GMT

    CJI: Who is the next person? You have two minutes.

    Counsel (for petitioners): There are two sets of submissions. One issue I can mention. 

  • 13 Sep 2022 10:30 AM GMT

    Adv Parikh concludes.

  • 13 Sep 2022 10:29 AM GMT

    Bhat J: In Maratha judgement, I think the AG, gave a note starting from Balaji, Devidasan, Indira Sawaney etc- relevant Paras were mentioned...

  • 13 Sep 2022 10:28 AM GMT

    J Bhat: The largest concentric circle is weaker sections, within that backward classes and last would be SC/ST.

  • 13 Sep 2022 10:27 AM GMT

    J Bhat: What Justice Sawant says that 46 is larger mass and how affirmative action is needed.

    Parikh: Affirmative action is one part. Other part is that when you look at weaker sections

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