The Supreme Court Monday said that it is not in favour of passing an order at this stage to refer the issue of 10 per cent reservation for economically weaker sections to a Constitution Bench. A bench headed by Chief Justice of India Ranjan Gogoi fixed March 28 as the date for hearing petitions challenging the quota and said it will also consider whether the case should be heard by a Constitution Bench on the same day.
“If required consideration by a larger bench, we will do it,” the bench said.
Senior Advocate Rajeev Dhavan, appearing for the petitioner, had requested the matter be heard by a Constitution Bench as it “involves a basic structure”.
The bench, also comprising Justices Deepak Gupta and Sanjiv Khanna, asked Dhavan to file a short note of the points which they have raised in their application.
Both Houses of Parliament passed the Constitution (One Hundred and Third Amendment) Bill, 2019 during the winter session, providing 10 per cent quota for the Economically Weaker Sections (EWS) among the upper caste in government jobs and higher education institutions.
Under the Act, individuals with families having a gross annual income of up to Rs 8 lakh, from all sources, can avail the quota. Families which own over five acres agricultural land, over 1,000 square feet house, over a 100-yard plot in notified municipal area, or over a 200-yard plot in non-notified municipal area cannot avail the reservation.