The hearing has been held on the matter challenging the 10 percent reservation for EWS in government jobs and educational institutions. The hearing was held in the Constitution Bench of CJI Justice UU Lalit. On behalf of the petitioners, the Constitution Bench was informed about the main points for hearing the matter. Can the 103rd Amendment of the Constitution be said to break the basic structure of the Constitution, allowing the State to make special provisions, including reservation, on the basis of economic criteria.
Is the 103rd Constitutional Amendment against the basic structure of the Constitution on the ground that under it the government got the power of reservation on economic grounds? Does the 103rd Amendment violate the basic framework on the ground that it empowers the government to make rules regarding admissions in unaided private educational institutions? Is the 103rd amendment a violation of the basic framework on the ground that OBCs, SCs, STs have not been included in the reservation for the poor?
At the same time, during the hearing on Tuesday, the Supreme Court had said that it will hear on September 13 the petitions filed regarding the constitutional validity of the central government's decision to give 10 percent reservation in admission and jobs to EWS people. A five-judge constitution bench headed by Chief Justice U U Lalit said this after the bench was told that it would take around 18 hours for the counsel for the parties to present their arguments.
The bench assured all the lawyers that they would be given ample opportunity to present their arguments. At the same time, the bench had said that it would sit again on Thursday to give directions to ensure uninterrupted hearing on the 40 petitions.