EWS Reservation- Supreme Court Constitution Bench Hearing- LIVE UPDATES

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13 Sep 2022 5:03 AM GMT

  • 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 Sep 2022 10:27 AM GMT

      Parikh: The only source - it's not available in 15(4), 16(4)- and 46 cannot be used.

      J Bhat: On this Justice Sawant...

      Parikh: Weaker section is nothing but SC/ST and backward classes.

      J Bhat: There can be other weaker sections, other than socially disempowered 

    • 13 Sep 2022 10:25 AM GMT

      Parikh: Article 46 is ultimately the source and if we're implementing that we need a constitutional amendment. The substance is that Constitution provides an equality code, constitution makers say who reservations were meant for.

    • 13 Sep 2022 10:24 AM GMT

      Parikh: This 50% rule isn't just a rule numerically put but it is a part of the equality code in 14,15,16. 

    • 13 Sep 2022 10:24 AM GMT

      Parikh: The other argument in Maratha reservation is that 16(4) ultimately exhausts reservation so it is permissible in 16(1) and if it's dealt in 16(1), 50% rule can be breached.

    • 13 Sep 2022 10:17 AM GMT

      Parikh: The 50% rule cannot be breached by the 103rd amendment.

      Bench discusses.

    • 13 Sep 2022 10:15 AM GMT

      Parikh quotes Maratha reservation judgement.

    • 13 Sep 2022 10:15 AM GMT

      Parikh: What was said in Balaji (that social backwardness and economic backwardness go hand in hand) was then used in Indira Sawhney.

    • 13 Sep 2022 10:15 AM GMT

      Parikh quotes Balaji Judgement.

    • 13 Sep 2022 10:14 AM GMT

      Parikh: Instead of reservation, use special provisions for advancement of socially and educationally backward classes. Even when first amendment came, debates point that economic criteria can't be only reason. What's been given in 16(4) was in 15(4).

    • 13 Sep 2022 10:14 AM GMT

      Parikh: This is the report which says that National Commission of Denotified Tribes- nothing has been done in regard to that. 

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