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16. In view of the aforesaid provisions, it is clear that for the purpose of deciding any case involving a substantial question of law as to interpretation of the Constitution it is to be heard by a Bench of five Judges. Thus it is to be examined whether the question raised in the writ petitions will involve a substantial question of law or not. It is the case of the petitioners that the impugned amendments violate the basic structure of the Constitution mainly on the ground that the existing provisions of the Constitution empower to provide affirmative action only in favour of socially backward classes. It is for the first time that by the impugned amendments in the Constitution itself the new clauses are incorporated enabling the State to provide affirmative action by way of reservation to the extent of 10% in educational institutions and for appointment in services to economically weaker sections of society. The main plank of the argument from the side of the petitioners is that the economic criteria alone cannot be the basis to determine backwardness. In support of the same, learned counsels for the petitioners strongly rely on nine-Judge Bench judgment of this Court in the case of Indra Sawhney & Ors. v. Union of India & Ors. [1992 Supp. (3) SCC 217]. Thus, it is pleaded that the impugned amendments run contrary to the above said judgment. It is also the case of the petitioners that exceeding the ceiling cap of 50% is also in violation of the very same judgment of this Court. Though learned Attorney General appearing for the Union of India has strongly relied on the judgment of this Court in the case of Society for Unaided Private Schools of Rajasthan v. Union of India [(2012) 6 SCC 1] where the provisions of Right of Children to Free and Compulsory Education Act, 2009 are upheld. By virtue of the impugned amendments, very Constitution is amended by inserting new clauses in Articles 15 and 16 thereof, which empower the State to make reservations by way of affirmative action to the extent of 10% to economically weaker sections. It is the case of the petitioners, that the very amendments run contrary to the constitutional scheme, and no segment of available seats/posts can be reserved, only on the basis of economic criterion. As such, we are of the view that such questions do constitute substantial questions of law to be considered by a Bench of five Judges. It is clear from the language of Article 145(3) of the Constitution and Order XXXVIII Rule 1(1) of the Supreme Court Rules, 2013, the matters which involve substantial questions of law as to interpretation of constitutional provisions they are required to be heard by a Bench of five Judges. Whether the impugned Amendment Act violates basic structure of the Constitution, by applying the tests of 'width' and 'identity' with reference to equality provisions of the Constitution, is a matter which constitutes substantial question of law within the meaning of the provisions as referred above. Further, on the plea of ceiling of 50% for affirmative action, it is the case of the respondent- Union of India that though ordinarily 50% is the rule but same will not prevent to amend the Constitution itself in view of the existing special circumstances to uplift the members of the society belonging to economically weaker sections. Even such questions also constitute as substantial questions of law to be examined by a Bench of five Judges as per Article 145(3) of the Constitution read with Order XXXVIII Rule 1(1) of the Supreme Court of Rules, 2013."