Yesterday, the Supreme Court referred to the Constitutional Bench of five-judges for the petition challenging the introduction of 10% reservation for the Economically Weaker Sections [EWS] under the Constitution [One Hundred and Third] Amendment Act.
EWS in jobs and education were proposed by inserting clause (6) in Article 15 and 16 of the Constitution of India in the amendment passed by the Parliament in January 2019.
A three-judge bench comprising of Chief Justice of India SA Bobde, Justice R Subhash Reddy and Justice BR Gavai passed the reference order.
The petitioner challenged the validity of Constitution [103rd] Amendment Act stating that ground reason to provide reservation for low income and economic conditions are violation to the basic structure of the Constitution. It breached the overall 50 percent maximum ceiling rate norms ruled out in the Indra Sawhney Case.
The court agreed with the petitioner’s substantial question of law and the current bench cannot enter into the merits of matter for the validity of constitution.
Thus, the bench would be heard by a five-judges bench as Constitutional bench under the provision of Article 145(3) of Constitution of India and Order XXXVIII of the Supreme Court Rules, 2013.