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EWS Reservation: Supreme Court Asks For Hearing on three issues As Directed By Attorney General Venugopal

A Constitution Bench of Supreme Court in its directive given today clarified that hearing in the much talked EWS Reservation issue will be done on three of the four issues as suggested by the Attorney General.
The first 3 issues suggested by him are the issues which generally arise in the matter. While other issues suggested are the nature of submissions advancing one of the propositions emerging from issued suggested by the Attorney General . We shall be going ahead with the hearing apropos the first 3 issues suggested by the AG,” the Court said.
The court further observed that these three issues as follows:

The first such an issue is whether the 103rd Constitution Amendment should be considered as breach the basic structure of the Constitution by permitting the state to make special provisions, including reservation, based on economic criteria?While, the second one issue is whether the 103rd Constitution Amendment is breaching the basic structure and ethos of Constitution for permitting the state to make special provisions in relation with admission to private unaided institutions?
The court further asked whether the 103rd Constitution Amendment can be said to breach the basic structure of the Constitution in excluding the SEBCs/OBCs/SCs/STs from the scope of EWS reservation?
Remarkably, country’s top court is dealing with a batch of petitions filed by NGOs Janhit Abhiyan and Youth for Equality, among others which challenged the validity of Constitution (103rd Amendment) Act, 2019 on the ground that economic classification cannot be the sole basis for reservation.

The 103rd Constitutional Amendment Act provides for reservation of 10% seats in public and private educational institutions and in public employment for “economically weaker sections” of citizens other than Scheduled Castes, Scheduled Tribes and socially and educationally backward classes of citizens.

The petitioners contended that the amendment violated the basic structure of the Constitution and breaches the over-all 50 per cent ceiling of reservation as mandated by the dictum in the Indra Sawhney case.

Anjani Kumar
Anjani Kumar
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