EWS reservation: SC to consider 3 issues suggested by Attorney Gen

NEW DELHI: The Supreme Court on Thursday said that it will proceed with the three issues suggested by the Attorney General of India while hearing the constitutional validity of reservations on the basis of economic conditions.

A Constitutional Bench headed by Chief Justice of India UU Lalit said that it will proceed with the first three issues suggested by the Attorney General as they encapsulate the entire case.

The issues suggested by the Attorney General of India KK Venugopal are - 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.

The other two issues are - 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, and 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 arguments in the matter will begin from September 13.

The constitutional validity of the 103rd Amendment Act, 2019 which enabled the State to make reservations in higher education and matters of public employment on the basis of economic criteria alone will be the first matter to be examined by a five-judge bench, led by Chief Justice of India UU Lalit.

A five-judge bench headed by Chief Justice UU Lalit had said earlier that the Janhit Abhiyan case will be the lead matter now.

Janhit Abhiyan's matter is relating to the challenging of the constitutional validity of the 103rd Amendment Act, 2019 which enabled the State to make reservations in higher education and matters of public employment on the basis of economic criteria alone.

Moreover, the Janhit matter will be heard together with a case filed by the Andhra Pradesh government against the High Court's decision of quashing its decision of granting reservations in education and public service for the entire Muslim population of the State in 2005.

Earlier, the court had appointed Shadab Farasat, Kanu Agarwal and two others as nodal counsels to see common compilation.