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Janhit Abhiyan v. Union of India

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Janhit Abhiyan v. Union of India

This case examines the validity of the 103rd Amendment to the Constitution, which grants 10% reservations in government jobs and educational institutions to Economically Weaker Sections (EWS).

Petitioners Arguments
The 103rd amendment is ultra vires and alters the basic structure of the constitution of India. It runs contrary to the dictum of the majority judgement. The petitioners relied on Indra Sawhney and contended that backward class cannot be determined only and exclusively with reference to economic criterion. Reservation in unaided institutions violates Article 19(1)(g) . States cannot insist private institutions to implement the State policy on reservation for granting admission on any criterion except merit. Educational backwardness of backward classes is on account of their social backwardness ( Indra Sawhney ). The fundamental balancing factor of the reservation policies has been the ceiling limit of 50%. If the reservations exceed such a percentage, as sought for under the 103rd Amendment Act, he equality code of the Constitution would be breached.
Responders Arguments
The amendment Act was necessitated to benefit the economically weaker sections of the society, who are not covered within any of the existing schemes of reservation. As per the statistics they constitute a large segment of Indian Population. The recommendations of the expert committee in the Indra Swahney case on exclusion criteria were accepted by the government through Office Memorandum dated 08-09-1993. The Commission for Economically Backward Classes suggested criteria for identification of EBC, and recommended welfare measures and quantum of reservation in education and government employment, for the following categories: BPL families among the general category Families whose annual income from all sources is below the taxable limit The State's duty under Article 46 is to ensure a fair chance for all, for receiving higher education and participating in employment. The amendment would be necessary to promote social equality to those excluded by virtue of their economic status. A mere alteration of certain provisions will not change the very identity of the Constitution, thereby ensuring that the basic structure is not violated. The ratio of Indra Sawhney would not apply in the instant matter, for the following reasons: In Indra Sawhney , memoranda issued by the government were under challenge whereas this case involves a challenge to the constitution. The limit of 50% of reservation is only applicable to reservations made under Articles 15(4), 15(5) and 16(4) and does not apply to Article 15(6). The amendment does not violate Article 19(1)(g) read with Article 19(6) of the Constitution, as the State is entitled to make any law imposing reasonable restrictions on the exercise of right in Article 19(1)(g). Classification based on economic criteria is valid for affirmative action under the Constitution. In Society for Unaided Private Schools of Rajasthan v. Union of India , the Supreme Court had approved classification based on economic criteria as provided under the Right of Children to Free and Compulsory Education Act, 2009.
Last Listed On
2022-11-07
Start Date
2019-01-15
End Date
2022-11-07
Card Stage Date
2022-11-07
Review Petition No
W.P.(C) No. 55/2019
Case Status
Archive
Bench Status
Constituted
Subject Matter
Constitution
Disposal Time
3 years, 10 months, 3 days

5 Judge Bench

Judgment delivered

Consider As Stage Of Pendency
false

Date of institution of case

Date of reference to 5 Judge Bench

Judgement pronounced

The 103rd Constitutional Amendment added clause (6) to Article 16: “(6) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent of the posts in each category.” The Maharashtra government, through notifications dated 12-02-2019 and 07-03-2019 extended benefits of reservation to the extent of 10% for economically weaker sections in postgraduate medical courses. Admissions were granted to the students based on the notification by the State. The same were challenged and the court held that since the court order dated 30-05-2019 specifically directed that benefits of reservation to economically weaker sections will not apply unless the medical council of India increases the number of seats which was not done the same cannot be allowed. Hence admissions to candidates under EWS Category are cancelled and are converted into open category. The present case examines the constitutional validity of the reservations being extended to Economically Weaker Sections (EWS).

Whether the Constitution (One Hundred and Third Amendment) Act, 2019 violates the basic structure of the Constitution?

The Constitution (One Hundred and Third) Amendment Act, 2019

Articles 15(6) of the Constitution

Article 16(6) of the Constitution

The amendments are to be judged applying ‘width’ and ‘identity’ tests of equality provisions, to consider whether the identity and the width of the fundamental right is affected or not. To examine amendments to equality provisions, Constitution Benches must hear the matter. ( M. Nagaraj )

Indra Sawhney & Ors. v. UOI 1992 Supp.(3) SCC 217

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Source Of Info
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Source Of Info
Libertatem
Date Of Fr
2020-08-21