The Supreme Court Constitution Bench hearing the challenge to reservation for Economically Weaker Sections (EWS) will examine whether the 103rd amendment, by which it absolutely was introduced, violates the fundamental structure of the Constitution.
On Thursday, a five-judge bench, presided by justice of India U U Lalit, decided to look at the primary three of the four issues suggested by Attorney General K K Venugopal on the matter which underlined this.
These are whether the 103rd Constitution amendment may be said to breach the essential structure of the Constitution by permitting the State to create special provisions, including reservation, supported economic criteria? Whether it are often said to breach the essential structure of the Constitution by permitting the State to create special provisions in reference to admission to non-public unaided institutions? and whether it may be said to breach the fundamental structure of the Constitution in excluding the SEBCs (Socially and Educationally Backward Classes)/OBCs (Other Backward Classes)/SCs (Scheduled Castes)/STs (Scheduled Tribes) from the scope of EWS reservation?
The bench, also comprising justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala, which perused the four issues by the AG, said it's of the opinion that the primary three issues are the pertinent ones.
“Having considered the matter, in our view, (the) first three issues suggested by the Attorney General are the problems which arise within the matter. Whatever has been suggested through other issues by the learned counsel are within the nature of submissions advancing one among the propositions emerging from the problems suggested by the Attorney General. We, therefore, shall be proceeding further with the hearing apropos the primary three issues suggested by the Attorney General”, the court said in its order.
The bench had already fixed September 13 to commence hearing arguments of the various sides within the matter.