Janhit Abhiyan vs Union of India & Ors.

Court

Supreme Court of India

Date

5 August 2020

Case No.

Writ Petition (Civil) No. 55 of 2019

Bench

S.A. Bobde, R. Subhash Reddy, Bhushan Ramkrishna Gavai

Citation

[2020] 7 S.C.R. 158 : 2020 INSC 475

Headnote

Constitution of India:

Art. 143 r/w. Order XXXVIII of Supreme Court Rules, 2013 – Writ Petition – Challenging Constitution (One Hundred and Third Amendment) Act, 2019 – Whereby Arts. 15 and 16 were amended by inserting Clause (6) in the provisions – The newly inserted clause empowered the State to make provision for reservation to the extent of 10% in favour of economically weaker sections for admission in educational institutions and for appointment in service – The Constitutional amendment was challenged on the grounds that it was ultra vires as it altered the basic structure of the Constitution; that it ran contrary to the dictum in *Indra Sawhney case etc. – Held: The questions involved and raised in the present case involve substantial question of law as to interpretation of the Constitution – As such they are required to be heard by a Constitution Bench of five Judges in view of provisions in Art. 145(3) of the Constitution and order XXXVIII of Supreme Court Rules.

M. Nagaraj & Ors. v. Union of India & Ors. (2006) 8 SCC 212 : [2006] 7 Suppl. SCR 336 – referred to.

Arts. 15(6) and 16(6) [As inserted by Constitution (One Hundred and Third Amendment) Act, 2019] – State empowered to make provision for reservation, to the extent of 10% in favour of economically weaker sections, for admission in educational G institutions and for appointment in service – Whether the amendment is ultra vires the Constitution – Matter referred to Constitution Bench of Five Judges for determining the question.

*Indra Sawhney & Ors. v. Union of India & Ors. (1992) Supp. 3 SCC 217 : [1992] 2 Suppl. SCR 454; Ashoka Kumar Thakur v. Union of India & Ors. (2008) 6 SCC

1 : [2008] 4 SCR 1; I.R. Coelho (Dead) by LRs. v. State of Tamil Nadu (2007) 2 SCC 1 : [2007] 1 SCR 706; Jarnail Singh & Ors. v. Lachhmi Narain Gupta & Ors. (2018) 10 SCC 396 : [2018] 10 SCR 663; M. R. Balaji & Ors. v. State of Mysore [1963] Suppl. 1 SCR 439; Society for Unaided Private Schools of Rajasthan v. Union of India & Anr. (2012) 6 SCC 1 : [2012] 2 SCR 715; Voice (Consumer Care) Council v. State of Tamil Nadu (1996) 11 SCC 740 : [1996] 4 Suppl. SCR 647; His Holiness Kesavananda Bharati Sripadagalvaru v. State of Kerala & Anr. (1973) 4 SCC 225 : [1973] Suppl. SCR 1– referred to.

The following Order of the Court was passed: ORDER Writ Petition(C) No. 55 of 2019 etc. 1. In this batch of writ petitions, petitioners have challenged the constitutional validity of, The Constitution (One Hundred and Third Amendment) Act, 2019 [for short, ‘the Amendment Act’]. By the aforesaid amendment, Articles 15 and 16 of the Constitution of India were amended by inserting clause (6), after clause (5), in Article 15 and by inserting clause (6) after clause (5), in Article 16. The newly inserted Articles 15(6) and 16(6) read as under : “15(6). Nothing in this article or sub-clause (g)

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