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SC referred constitution bench for 103rd amendment’s validity
A petition was filled in the top court by two NGOs Janhit Abhiyan and Youth for Equality and 33 others, inter alia, challenging the validity of the constitution’s 103rd amendment. The Supreme Court took the decision and ordered this case to be referred by a constitution bench of five judges.
The Constitution (One Hundred and Third) Amendment Act, 2019 was first coined in Lok Sabha on 8th January 2019 as Constitution (One Hundred and Third Amendment) Bill, 2019. This bill was proposed by Thawar Chand Gehlot, Minister of Social Justice and Empowerment. The bill got its assent from President Ram Nath Kovind on 12 January 2019 and got notified on the same date in the Gazette of India. This act sought to amend Articles 15 and 16 of the constitution. The Prime Minister remarked this bill stating it as "landmark moment in our nation's history".
This act provides a 10% reservation for Economically Weaker Sections (EWS) of society for admissions into both government and private educational institutions. This quota is available for persons with annual gross household income up to Rs.8 lakh. This reservation is in addition to the minority reservations already existing and therefore availed by people other than the one benefiting already.
As soon as the action got notified petitions were filed claiming that this act was not valid and lacks the basic structure of the constitution. Senior Advocate Rajeev Dhavan representing the petitioners mentioned that the introduction of this reservation would exceed the maximum cap of 50% category which was decided in the landmark case of Indira Sawhney in 1992 led by the nine bench judges. He further mentioned that these reservations cannot be made only on the economic grounds
On the other hand, Attorney General KK Venugopal, representing the Centre argued that in this case Indira Sawhney's case cannot be referred as it does not fall within its ambit. Further attorney general added that this 10% reservation is meant to uplift the economically backward group and is intended to aid around 200 million people falling under this category, also there is no such provision to not help or provide aid to the one in need. Earlier in March, the center stood by its decision to reserve a 10% category stating that it meant to bring about social equality.
The senior advocate appearing for the petitioners lay down in front of the Supreme Court to either refer the matter to the constitutional bench or grant interim relief for this matter. As the main issue in this matter is that the act lacks the basic structure of the constitution.
On which the Supreme Court led by a three-judge bench of Chief Justice of India SA Bobde, and Justices R Subhash Reddy and BR Gavai passed the reference order today and refereed this matter to the constitutional bench.
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