EWS Reservation: Supreme Court Constitution Bench to commence hearing from September 13 [READ WRITTEN SUBMISSION]

A Constitution bench of the Supreme Court will hear from September 13, the pleas challenging the constitutional validity of the 10% quota for the economically weaker sections (EWS) [Janhit Abhiyan v UOI]..In August, 2020 a three -judge bench led by then Chief Justice of India SA Bobde had referred to a five-judge Constitution Bench, the challenge mounted against the Constitution (One Hundred and Third) Amendment Act, which introduced the 10% reservation for EWS.Today, a five-judge bench of Chief Justice of India UU Lalit and Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala said that it intends to wrap up the hearing within 5 days. However, CJI Lalit said that he is listing the matter again on September 8 for directions to ensure effective and smooth hearing."Before we begin hearing the main matter, we will again list this matter for directions so the hearing part is conducted smoothly and effectively. List the case again for directions on September 8...What we propose is the questions that will arise will get some time extra for each party and then half a day for rejoinder and then 3 days in the first week and 2 days in the second week. So we begin the matter next Tuesday. You have to keep the sequence in mind," said CJI Lalit..The CJI also urged lawyers not to repeat the submissions keeping in mind the time constraint."Some suggested issues prepared by Senior Advocate Gopal Sankaranarayanan has been placed before us. In our view let the issued be placed before all the counsels in the EWS case and thereafter the crystallised version be placed before us on Thursday," added CJI Lalit..Regarding the intervention applications preferred by various Sates, the CJI ordered that the nodal counsel, advocates Farasat and Kanu Agarwal, can consider accommodating such States and if any States seeks to appear, then they will be provided adequate opportunity to make submissions..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.Today, the final compilation of written submissions filed by all the petitioners was placed before the Court.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 compilation of written submissions]

EWS Reservation: Supreme Court Constitution Bench to commence hearing from September 13 [READ WRITTEN SUBMISSION]

Debayan Roy

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