VidhiSangh

Supreme Court of India · 07/11/2022

JANHIT ABHIYAN versus UNION OF INDIA

[2022] 14 S.C.R. 1 · 2022 INSC 1175

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Summary

By a 3:2 majority, the Constitution Bench upheld the 103rd Amendment, which inserted Articles 15(6) and 16(6) enabling up to 10% reservation for economically weaker sections. Maheshwari, Trivedi and Pardiwala JJ. held that reservation based solely on economic criteria, including in private unaided institutions, does not damage the basic structure. They held that excluding SCs, STs and non-creamy-layer OBCs, who already have their own reservations, is a permissible feature of compensatory discrimination. They also held that the 50% ceiling is not inflexible and governs only Article 15(4), 15(5) and 16(4) reservations. Bhat J., for himself and Lalit CJ, dissented. He accepted economic criteria under Article 15 but struck both clauses down because the exclusion offends non-discrimination.

Issues

  1. Whether the Constitution (One Hundred and Third Amendment) Act, 2019 violates the basic structure by permitting special provisions, including reservation, based solely on economic criteria, including for admission to private unaided institutions.
  2. Whether excluding the classes covered by Articles 15(4), 15(5) and 16(4) from EWS reservation, and adding up to 10% beyond existing reservations, violates the Equality Code and the basic structure.

Provisions considered

Held

Result

By majority, the challenge to the Constitution (One Hundred and Third Amendment) Act, 2019 fails; Writ Petition (Civil) No. 55 of 2019 and connected writ petitions, transferred cases, transfer petitions and SLP disposed of, the minority view of Bhat J. (with Lalit CJ) not prevailing.

Judgment PDF: Supreme Court of India, [2022] 14 S.C.R. 1.