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SC's 5-Judge Bench to start hearing EWS Quota validity from Sep 13 [Read Suggested Issues]

By LawStreet News Network      08 September, 2022 06:03 PM      0 Comments
SC's 5-Judge Bench to start hearing EWS Quota validity from Sep 13 [Read Suggested Issues]

NEW DELHI: The Supreme Court on Thursday decided to start hearing arguments from September 13 on a clutch of issues arising out of challenge to the validity of 103rd constituional amendment for providing reservation to Economically Weaker Sections in jobs and education.

A five-judge bench presided over by Chief Justice U U Lalit said the court would first consider the issues framed by the Attorney General K K Venugopal for adjudication.

The A -G suggested the following issues:

1. Whether the 103rd Constitution Amendment can be said to breach the basic structure of the Constitution by permitting the State to make special provisions, including reservation, based on economic criteria?

2. Whether the 103rd Constitution Amendment can be said to breach the basic structure of the Constitution by permitting the State to make special provisions in relation to admission to private unaided institutions?

3. 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?

The bench, which also comprised Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and J B Pardiwala, fixed the matter led by NGO 'Janhit Abhiyan' for hearing on September 13.

Senior advocate Gopal Sankaranarayanan, who was last time asked to crystallise issues, said 55 such issues were suggested by the counsel and some of which were in the form of arguments.

Senior advocate P Wilson and DMK MP and other counsel including Sanjay Parikh suggested their own issues for final determination by the court.

Solicitor General Tushar Mehta appeared for the Union government.

Read Suggested Issues



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