EWS reservations: Constitution bench led by CJI to hear review petitions challenging earlier SC verdict on May 9

Last year in November, the five-judge Constitution bench by a majority of 3:2 upheld the validity of the Constitution’s 103rd Amendment Act which provides 10 per cent EWS reservation in educational institutions and government jobs. An amendment granting 10 per cent reservations to EWS was upheld on November 7.

DMK among others have filed an appeal seeking review of the Supreme Court’s order dated November 7. DMK has stated that since the impugned judgement affects the 133 crore population has sought for “open court hearing.”

Another review petition has been filed in the Supreme Court against the judgement upholding the Centre’s decision on EWS issues by Madhya Pradesh Congress leader Jaya Thakur who is the General Secretary of MP Mahila Congress.

The constitutional validity of the 103rd Amendment of the Constitution Act, 2019 was challenged before the top court and five judges bench decided on this issue by way of four separate judgments with different reasoning.

Three judgments upheld the 103rd Amendment of the Constitution Act, 2019 by passing three different judgments with different reasoning but one Judgement passed by Justice Ravindra Bhat alongwith Chief Justice of India that the 103rd Amendment of the Constitution (One Hundred and Third Amendment) Act, 2019 is to violate the basic structure of the Constitution on the ground of equality, especially the exclusion of the OBC/SC/ST.

Justice Ravindra Bhat’s view regarding the limitation of 50 per cent is open because one of the constitutional amendments is still pending consideration and is still open.The petitioner said that the impugned constitutional amendments are ultra vires as they alter the basic structure of the Constitution of India.

The petitioner prayed to review the order dated November 7 2022 passed by Justice Dinesh Maheshwari, Justice Bela M Trivedi and Justice J.B. Pardiwala.