Team  SoOLEGAL

HEARING OF PETITIONS CHALLENGING 103rd CONSTITUTIONAL AMENDMENT RESCHEDULED BY SUPREME COURT

Team SoOLEGAL 11 Mar 2019 4:14pm

HEARING OF PETITIONS CHALLENGING 103rd CONSTITUTIONAL AMENDMENT RESCHEDULED BY SUPREME COURT

The hearing of petitions challenging the 10% reservation scheme was rescheduled on 28th March by the Supreme Court. The petitions challenge 103rd Constitutional Amendment which envisage 10% reservation in educational institutions and government employment to the Economically-Weaker Sections (EWS).
Senior Advocate Rajeev Dhawan said that the matter should be referred to a larger bench.

"It is now clear from two Constitution bench judgments that this 50% limit goes to the Basic Structure. At least our challenge is based on this premise...Certain connected issues also have been settled by M. Nagaraj in 2006 and in Jarnail Singh in 2018..."
The ground of challenge is the amendment takes away the basic structure of the Constitution by exceeding 50% reservation. So far 27 percent quota is allotted to the OBCs and another 22 per cent to the SC/STs on account of their social and educational backwardness, with This additional quota of 10% on grounds of economic backwardness, the total reservation shoots up to approximately 60 percent. Also, that the reservation is solely based on social and educational basis.
The Supreme Court bench, headed by CJI Ranjan Gogoi and also comprising of Justice Sanjiv Khanna and Justice Deepak Gupta, made sure that the question of consideration of the issue by a constitution bench shall also be decided on the said date.

Tagged: EWS   Reservation   SupremeCourt   Petition   SeniorAdvocateRajeevDhawan   CJIRanjanGogoi   JusticeSanjivKhanna   JusticeDeepakGupta  
Did you find this write up useful? YES 0 NO 0
Send
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.