The Supreme Court recently dismissed review petitions filed in response to the top court’s decision upholding the constitutional validity of the 103rd Constitutional Amendment, which grants 10% reservation to Economically Weaker Sections (EWS) of society.
A bench comprising Chief Justice of India DY Chandrachud and Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi, and JB Pardiwala found no error in its November 2022 judgment.
“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 bench stated.
The Court also dismissed the request for an open court hearing on the review petitions.
On November 7, 2022, a constitution bench of the Supreme Court upheld the constitutional validity of EWS reservation.
The decision was delivered by a bench that comprised of the then-CJI UU Lalit and Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi, and JB Pardiwala.
The bench issued four separate judgments, 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 Kazhagam (DMK) party had filed review petitions against the judgment.
