SC to decide on bench to hear plea on EWS quota

New Delhi: The Supreme Court Tuesday said that it would first decide whether challenge to the validity of Constitution’s 103 Amendment providing for 10% reservation to Economically Weaker Sections amongst the general category should be heard by the five judge constitution bench and only at the stage it would consider plea for putting on hold the implementation of EWS quota.

The bench of Justice S.A. Bobde, Justice R. Subhash Reddy and Justice B.R. Gavai said this as senior counsel including Rajeev Dhavan and Gopal Sankaranarayanan urged the court to refer the matter to five-judge constitution bench as provision for 10% reservation was in the teeth of Constitution socially, educationally and backward class of citizens.

At the out set of the hearing, senior counsel Dhavan told the court that in pursuance to its last hearing orders he has framed the questions for reference to the constitution bench and same were communicated by to the attorney general K.K.Venugopal for his consideration.

However, attorney general told the court that the matter was listed for final hearing today and there was nothing that needed to be referred to the constitution bench. He also opposed the plea vfor interim stay of the 10% reservation — a plea being hammered by the petitioners opposing the 10% quota.