The Supreme Court today refused to stay the Constitution (103rd) Amendment which introduced economic reservation up to ten percent for financially weaker sections of the general category population..This is the second time the Court has said that it will not stay the amendment..A Bench of Chief Justice of India Ranjan Gogoi and Justices Deepak Gupta and Sanjeev Khanna was hearing the petition filed by Tehseen Poonawalla challenging the Amendment Act..Senior Advocate Rajeev Dhavan, appearing for Poonawalla, raised concerns about reservations crossing the 50 per cent threshold which has been mandated by the Supreme Court in M Nagaraj v. Union of India, and sought interim relief..The Bench refused to give any interim relief, while agreeing to list the petitions for early hearing. The order reads:.We decline to pass any interim order or observation. We direct the Registry to club all cases and place the matter before Hon’ble the Chief Justice on the administrative side for fixing an early date of hearing..The Economic Reservation Bill was passed by both Houses of Parliament within a span of two days. Three days after it was approved by Parliament, the President accorded his assent for the same. However, even as Presidential assent was pending, the NGO Youth for Equality moved the Supreme Court challenging the legislation..Two days after it was assented to, on January 14, the Economic Reservation Act came into force..Subsequently, a slew of petitions came to be filed in Supreme Court challenging the amendment. The Supreme Court had issued notice in the matter on January 25..Similar challenges have also been filed in various courts. The Madras High Court had issued notice in a petition filed by the DMK party challenging the economic reservation amendment..Read the order below.
The Supreme Court today refused to stay the Constitution (103rd) Amendment which introduced economic reservation up to ten percent for financially weaker sections of the general category population..This is the second time the Court has said that it will not stay the amendment..A Bench of Chief Justice of India Ranjan Gogoi and Justices Deepak Gupta and Sanjeev Khanna was hearing the petition filed by Tehseen Poonawalla challenging the Amendment Act..Senior Advocate Rajeev Dhavan, appearing for Poonawalla, raised concerns about reservations crossing the 50 per cent threshold which has been mandated by the Supreme Court in M Nagaraj v. Union of India, and sought interim relief..The Bench refused to give any interim relief, while agreeing to list the petitions for early hearing. The order reads:.We decline to pass any interim order or observation. We direct the Registry to club all cases and place the matter before Hon’ble the Chief Justice on the administrative side for fixing an early date of hearing..The Economic Reservation Bill was passed by both Houses of Parliament within a span of two days. Three days after it was approved by Parliament, the President accorded his assent for the same. However, even as Presidential assent was pending, the NGO Youth for Equality moved the Supreme Court challenging the legislation..Two days after it was assented to, on January 14, the Economic Reservation Act came into force..Subsequently, a slew of petitions came to be filed in Supreme Court challenging the amendment. The Supreme Court had issued notice in the matter on January 25..Similar challenges have also been filed in various courts. The Madras High Court had issued notice in a petition filed by the DMK party challenging the economic reservation amendment..Read the order below.