EWS Reservation: Supreme Court hearing to be on three issues suggested by Attorney General KK Venugopal

The hearing before the Supreme Court in the pleas challenging the constitutional validity of the 10% quota for the economically weaker sections (EWS) will be on three issues suggested by Attorney General for India (AG) KK Venugopal. .A Constitution bench of Chief Justice of India UU Lalit and Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala directed on Thursday that it will base the hearing on three of the four issues suggested by the AG."The first 3 issues suggested by AG are the issues which arise in the matter. Other issues suggested are in the nature of submissions advancing one of the propositions emerging from issued suggested by AG. We shall be going ahead with the hearing apropos the first 3 issues suggested by the AG," the Court said..The three issues are as follows:- 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? - 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? - 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 top court is dealing with a batch of petitions filed by NGOs Janhit Abhiyan and Youth for Equality, among others, challenging 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 have contended that the amendment violates the basic structure of the Constitution and breaches the overall 50 per cent ceiling of reservation as mandated by the dictum in the Indra Sawhney case.The reservation of 10% seats for EWS other than SC/ST/OBCs is arbitrary and excessive, they have stated.They have further argued that providing reservation in an educational institution is breach of basic structure and the term 'class' under Article 46 of the Constitution refers to educationally backward class and not EWS..[Read Issues suggested by AG KK Venugopal]