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CJI bench to hear EWS quota, reservation for Muslims in Andhra

  • August 31, 2022
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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CJI bench to hear EWS quota, reservation for Muslims in Andhra

Subject: Polity

Section: Judiciary

Context: A five-judge Constitution bench of the Supreme Court headed by Chief Justice of India U U Lalit will take up two pleas dealing with reservation from September 13.

  • Another Constitution bench headed by Justice Indira Banerjee, which also met on Tuesday, fixed the second week of October to take up for hearing petitions challenging constitutional validity of the practice of polygamy and nikah halala permitted by Muslim personal law.
  • While one of the petitions before the CJI bench challenges the constitutional validity of the 103rd Amendment Act, 2019, which introduced the provision for a 10-per cent quota for Economically Weaker Sections (EWS), the other, pending since 2005, pertains to reservation given to Muslims in Andhra Pradesh as a Socially and Economically Backward Class (SEBC) and raises questions of religion-based reservation.

Constitution bench of the Supreme Court

  • A Constitution Bench is a bench of the Supreme Court having five or more judges on it.
  • These benches are not a routine phenomenon.
  • A vast majority of cases before the Supreme Court are heard and decided by a bench of two judges (called a Division Bench), and sometimes of three.

Constitutional provisions

Article 145(3):

  • Article 145(3) provides, “The minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under Article 143 shall be five.”

Article 143:

  • When the President seeks the Supreme Court’s opinion under law under Article 143 of the Constitution.
  • As per the provision, the President of India has the power to address questions to the Supreme Court, which he deems important for public welfare.
  • The Supreme Court upon reference advises the President by answering the query. However, such referral advice by the apex court is not binding on the President, nor is it ‘law declared by the Supreme Court’.

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  • The material was tested on potato, tomato, green chili, strawberry, Khasi Mandarin, apple, pineapple and kiwifruit and was found to keep these vegetables fresh for nearly two months.
CJI bench to hear EWS quota Polity

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