Supreme Court| Centre favors SC/ST reservations in Lok Sabha, State Assemblies, says it will file material to strengthen stance

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Synopsis

Supreme Court yesterday started hearing the challenge to the said Constitutional Amendment after 20 years of the said plea being taken up in 2003, when it was referred to a 5-judge bench

Union of India yesterday submitted before the Supreme Court of India that it wished to submit additional material to strengthen its stance in favour of the reservations provided to Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies as per the 104th Constitutional Amendment.

A bench led by CJI DY Chandrachud along with Justices AS Bopanna, MM Sundresh, JB Pardiwala and Manoj Mishra started hearing the challenge to said reservation yesterday.

When the matter was taken up yesterday, Sr Advocate Arayam Sundaram told court that initially 7 issues were formulated by court. He read out the said issue.

The Centre, represented by Attorney General R Venkataramani, submitted that it required time to file the submissions compilations.

Solicitor General Tushar Mehta, who was also present before Court, added that government considered the reservation to be a necessity.

 

Notably, Sr. Counsel Gopal Sankaranarayanan, further told the court that the main issue is about Article 334 and this case should be named In Re Article 334.

CJI went on to formulate two broad issues for the court's consideration, namely:

 

  1. Whether the Constitution 104th Amendment is unconstitutional?
  2. Whether the exercise of Constituent Powers to extend the reservations in Lok Sabha and State Assembly is constitutionally valid?

The matter will now be taken up on November 21.

Originally, this plea with title as Ashok Kumar Jain vs. Union of India was filed as a challenge lies to the validity of the 79th Constitutional Amendment Act, 1999, which altered Article 334 of the Constitution to allow reservations to the AngloIndian community, Scheduled Castes, and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies.

Earlier this month, Supreme Court of India had set up a five-judge Constitution Bench to hear the said matter along with two other petitions.

Case Title: In Re: Article 334 of the Constitution