Analyzing Supreme Court on Reservation: Janhit Abhiyan vs Union of India [2022] 14 S.C.R. 1
Lead author · Corresponding
Robin Prasad
Advocate at High Court of Gujarat, India
Abstract
The Supreme Court of India revisited the earlier held precedents on reservation while adjudicating the constitutional validity of Constitution (One Hundred and Third Amendment) Act, 2019. The Court upheld that the Economically Weaker Section reservation granted through the Amendment by a 3-2 verdict, to be true to the spirit of Indian Polity and cannot be termed as violative of basic structure of the Constitution of India. The minority dissenting opinion authored by the Chief Justice and one of his brother Justice also provide much insight into the underlying tensions within the concept of reservation and has made reservation for social justice to be a concept vulnerable to judicial review.
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