New Delhi, Sep (Agency) The Supreme Court on Thursday framed three legal issues which are to be adjudicated by it on September 13 to examine the validity of 103rd constitutional amendment for granting 10 per cent reservation to Economically Weaker Section (EWS) in govt jobs and educational institutions. A five-judge Constitution bench, headed by the Chief Justice of India (CJI) Uday Umesh Lalit, framed the three legal issues, after hearing the arguments and submissions from the parties. The Supreme Court in its order said that the first question is whether 103rd Constitution Amendment can be said to breach the basic structure of Constitution by permitting State to make special provisions, including reservation, based on economic criteria.
The Supreme Court said that the two other two legal issues which the court will delve and hear would be; as to whether the Amendment can be said to breach basic structure by permitting State to make special provisions in relation to admission to private unaided institutions. The third one would be as to whether it breaches basic structure by excluding SEBC/OBC/SC/ST from the scope of EWS quota. The five-judge constitution bench of the Supreme Court, headed by Chief Justice Lalit decided to hold hearing on constitutional validity of 10% reservation for EWS category in govt jobs and educational institutions from September 13.