The Supreme Court on Thursday fixed three broad issues for adjudication arising from the pleas challenging the Centre's decision to grant 10 per cent reservation to EWS in admissions and jobs.
The apex court will also decide whether the Constitution (103 Amendment) Act breached the doctrine of the basic structure of the Constitution by allowing the State to make such special provisions. The hearing will commence from September 13.
A five-judge Constitution bench headed by Chief Justice UU Lalit said the three issues suggested by Attorney General KK Venugopal for the decision "broadly" covered all the aspects relating to the petitions on the constitutional validity of the decision to grant the reservation.
"Whether the 103rd Constitution amendment Act 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," read the first issue framed.
The second legal question was whether the constitutional amendment could be said to breach the basic structure by permitting the state to make special provisions concerning admissions to private unaided institutions.
"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 third issue, to be adjudicated upon by the bench, read.
The doctrine of basic structure was propounded by the top court in 1973 while deciding the Keshavananda Bharati case. It was held that Parliament could not amend every bit of the Constitution, and aspects such as rule of law, separation of powers, and judicial freedom formed part of the "basic structure" of the Constitution and hence, could not be amended.
The bench, also comprising justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi, and JB Pardiwala, took note of the issues framed by several counsels and then decided to take up the three questions framed by Venugopal as core ones to be decided.
The CJI asked the intervenors, including states like Madhya Pradesh, Assam, and Maharashtra, to file their written submissions in the case and assured them that they will also be allowed to argue provided there is no repetition of arguments. The Lok Sabha and the Rajya Sabha cleared the bill on January 8 and 9 in 2019 respectively and it was then signed by then President Ram Nath Kovind. The EWS quota is over and above the existing 50 per cent reservation to SCs, STs, and Other Backward Classes (OBCs).