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Moot Problem II

The document discusses the 103rd Constitutional Amendment Act passed in 2019 which provides 10% reservation in government jobs and educational institutions for economically weaker sections. It inserted clause (6) in Articles 15 and 16 allowing states to make special provisions for the advancement of economically weaker sections in addition to existing reservations, up to a maximum of 10% of seats/posts. Mr. X has challenged the constitutional validity of this amendment before the Supreme Court under Article 32, arguing it violates the basic structure of the constitution and exceeds the 50% reservation limit set by previous judgments. The key issues are whether this amendment violates basic structure and if reservations can be given solely based on economic criteria.

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Vishal N
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140 views

Moot Problem II

The document discusses the 103rd Constitutional Amendment Act passed in 2019 which provides 10% reservation in government jobs and educational institutions for economically weaker sections. It inserted clause (6) in Articles 15 and 16 allowing states to make special provisions for the advancement of economically weaker sections in addition to existing reservations, up to a maximum of 10% of seats/posts. Mr. X has challenged the constitutional validity of this amendment before the Supreme Court under Article 32, arguing it violates the basic structure of the constitution and exceeds the 50% reservation limit set by previous judgments. The key issues are whether this amendment violates basic structure and if reservations can be given solely based on economic criteria.

Uploaded by

Vishal N
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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Moot Problem II

Both Houses of the Parliament passed the 124 th Constitutional Amendment


Bill to provide 10 % reservation in government jobs and educational institutions
in favour of economically weaker sections on 09 th January 2019 and enacted as
Constitution (One Hundred and Third Amendment) Act, 2019 to enable the State
to make reservations based on the economic criterion alone. The Act received the
assent of the Hon’ble President on 12 th January 2019 and was published in the
Gazette on the same day. Through this Constitution (One Hundred and Third
Amendment) Act, 2019; a new clause (6) was inserted in Article 15 and 16 of the
Constitution. Clause (6) as inserted in the Article 15 reads as follows:

“(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2)
of article 29 shall prevent the State from making, -
(a) any special provision for the advancement of any economically weaker
sections of citizens, other than the classes mentioned in clauses (4) and (5); and
(b) any special provision for the advancement of any economically weaker
sections of citizens, other than the classes mentioned in clauses (4) and (5) in so
far as such special provisions relate to their admission to educational institutions,
including private educational institutions, whether aided or unaided by the State,
other than the minority educational institutions referred to in clause (1) of article
30, which in the case of reservation would be in addition to the existing
reservations and subject to a maximum of ten per cent of the total seats in each
category.”

Explanation :- For the purpose of this Article and Article 16, “economically weaker
sections” shall be such as may be notified by the State from time to time on the
basis of family income and other indicators of economic disadvantage.’

Similarly, Clause (6) was inserted into the Article 16 and it reads as follows
“(6) Nothing in this article shall prevent the State from making any provision for
the reservation of appointments or posts in favor of any economically weaker
sections of citizens other than the classes mentioned in clause (4), in addition to
the existing reservation and subject to a maximum of ten per cent of the posts in
each category.”
Mr. X challenged the constitutional validity of the 103 rd Constitutional
(Amendment) Act, 2019 before the Hon’ble Supreme Court of India under Article
Moot Problem II

32 of the Indian Constitution claiming that, it violates the basic structure of the
Constitution.

ISSUES:
• Whether 103rd Constitutional (Amendment) Act, 2013 violates any of the
basic structures of the Constitution of India.
• Whether the additional 10% reservations for Economically Weaker Sections
in educational institutions and public employment is unconstitutional, as it
breaches and exceeds the 50% limit for reservations as laid down in Indra
Sawhney vs Union of India (AIR 1993 SC 477) in 1993?
• Whether reservations under the Constitutional scheme can be prescribed only
on the basis of economic criteria and not on social and educational
backwardness also?

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