Five-judge Supreme Court bench to hear 10 per cent EWS quota from September 13

A bench of CJI UU Lalit, Justices Dinesh Maheshwari, SR Bhat, Bela Trivedi & JB Pardiwala however refused to issue notice to the states but clarified that every state that wanted to argue can argue.

Published: 07th September 2022 03:32 AM  |   Last Updated: 07th September 2022 10:14 AM   |  A+A-

Supreme Court

Supreme Court (Photo | EPS)

By Express News Service

NEW DELHI: The five-judge bench of the Supreme Court on Tuesday said that it would commence hearing the pleas that challenge the 10% reservation granted to the Economically Weaker Sections (EWS) for admission in central government and private educational institutions and recruitment in central government services from September 13. 

A bench of CJI UU Lalit, Justices Dinesh Maheshwari, SR Bhat, Bela Trivedi & JB Pardiwala however refused to issue notice to the states but clarified that every state that wanted to argue can argue. 

“Order that we’ve decided, we’ll stick to that. Every state that wants to argue is always welcome and every state is entitled to do that,” the CJI remarked.

Taking note of the draft issues framed by Senior Advocate Gopal Sankaranarayanan, court asked for circulating the same and asked parties to place “crystallised version” of all the issues on Thursday (September 8). 

Considering that the counsels would require 18 hours in making their arguments the bench said, “What we propose to do is, the questions which get thrown up, we may give some time extra to either side, so effectively 5 working days. 3 working days in the first week and 2 in the second week. We will begin the matter next Tuesday.”

The court’s order came in 39 pleas, lead one filed by Janhit Abhiyan that challenged the 103rd Constitutional Amendment that provided a 10% quota for EWS.

The government had said the new law will not be covered by the Indra Sawhney versus Union of India (popularly called Mandal Commission verdict) verdict of 1992 as provision for the reservation was made after amending the Constitution.

"That the Constitution Amendment (103rd) Act 2019 was necessitated to benefit the economically weaker sections of the society who were not covered within the existing schemes of reservation, which as per statistics, constituted a considerably large segment of the Indian population," an affidavit filed by the Centre in 2019 had said.

In order to do justice across all weaker sections of the society, it had said, "it was therefore considered imperative that the Constitution be appropriately amended to enable the State to extend various benefits, including reservations in educational institutions and public employment to the EWSs of the society who are not covered by any of the existing schemes of reservation".

The Lok Sabha and the Rajya Sabha had 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).

(With PTI Inputs)

India Matters


Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on are those of the comment writers alone. They do not represent the views or opinions of or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp