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Showing contexts for: basic structure constitution in Janhit Abhiyan vs Union Of India on 8 September, 2022Matching Fragments
In keeping with the observations made on the last occasion, learned counsel appearing for parties have suggested certain issues which have been compiled by Mr. Gopal Sankaranarayanan, learned Senior Counsel. The issues suggested by Mr. K.K. Venugopal, learned Attorney General for India are as follows :
(1) Whether the 103rd Constitution Amendment can be said to breach the basic structure of the Constitution by permitting the State to make special provisions, including reservation, based on economic criteria?
(2) Whether the 103rd Constitution Amendment can be said to breach the basic structure of the Constitution by permitting the State to make special provisions in relation to admission to private unaided institutions?
(3) Whether the 103rd Constitution Amendment can be said to breach the basic structure of the Constitution in excluding the SEBCs/OBCs/SCs/STs from the scope of EWS reservation?
(4) Whether the cap of 50% referred to in earlier decisions of the Supreme Court can be considered to be a part of the basic structure of the Constitution? If so, can the 103rd Constitution Amendment be said to breach the basic structure of the Constitution?
Some other facets of the matter are also touched upon and presented through additional issues by the other learned counsel. In an attempt to crystalize and capture every facet of the issues so suggested by the learned counsel, Mr. Gopal Sankaranarayanan, learned Senior Counsel, in turn, has proposed the following three issues :-
(1) Whether the 103rd Constitution Amendment can be said to breach the basic structure of the Constitution by permitting the State to make special provisions, including reservation, based on economic criteria?
(2) Whether the 103rd Constitution Amendment can be said to breach the basic structure of the Constitution by :
a) infringing the Equality Code by discriminating, and promoting the very classes which led to quotas in the first place?
b) excluding the SEBCs/OBCs/SCs/STs from the scope of EWS reservation?
c) crossing the 50% ceiling limit for
reservations?
d) allowing unbridled power to the States to
classify the EWS?
e) making special provisions in relation to