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New Delhi: The Supreme Court recently rejected the review petitions filed challenging top court’s judgment which had upheld the Constitutional validity of 103rd Constitutional Amendment which grants 10 percent reservation to Economically Weaker Sections (EWS) of the society [Society for Rights of Backward Communities vs Janhit Abhiyan and ors]
In an order passed on May 9, a bench of Chief Justice of India DY Chandrachud and Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala held that there was no error in its judgment of November 2022.
“Having perused the review petitions, there is no error apparent on the face of the record. No case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013. The review petitions are, therefore, dismissed,” the Court ruled.
The Court also rejected the application for an open court hearing of the review petitions.
A Constitution Bench of the Supreme Court had, on November 7 last year, upheld the Constitutional validity of EWS reservation.
The judgment was delivered by a bench comprising then Chief Justice of India (CJI) UU Lalit and Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala.
There were four separate judgments delivered by the bench with then CJI UU Lalit and Justice Ravindra Bhat dissenting from the majority opinion.
The dissenting judges had said that while reservation on economic basis is permissible, excluding SC/STs and Other Backward classes from EWS
cannot be permitted and amounts to discrimination against them.
Madhya Pradesh Congress leader, Dr. Jaya Thakur and Dravida Munnetra Kazahagam (DMK) party had filed review petitions against the judgment.
