SC refers upper caste reservation amendment issue to 5-judge constitution bench

A petition was filed by NGO- Janhit Abhiyan, Youth for Equality and others, argument has been presented that economic classification cannot be the sole basis for reservation.

The Centre’s point of view on this has been that the intention behind the amendment was to bring about “social equality”.

The petitioners have challenged this on a technicality, saying the decision violated the basic structure of the Constitution while breaching the overall 50 per cent ceiling for reservation as mandated under the Indra Sawhney case.

A three-judge bench of Chief Justice SA Bobde and Justices R Subhash Reddy and BR Gavai, referred the case to upper bench. A five-judge constitution bench of the Supreme Court will hear the challenges and arguments against the Centre’s decision to introduce a 10% quota economically disadvantaged upper castes, through the Constitution (103rd) Amendment Act.

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