SC to decide on quota to SC/STs in legislative bodies, hearing to begin on Nov. 21

A five-judge constitution bench headed by Chief Justice of India D Y Chandrachud made it clear that it would not go into the validity of the previous extensions given for SC/ST reservations through amendments made earlier. The apex court fixed the matter for hearing from November 21.

New Delhi: The Supreme Court Wednesday said it will decide on the validity of the Constitution's 104th Amendment Act 2019, which extended the reservations for SC/STs in legislative bodies for another 10 years.

A five-judge constitution bench headed by Chief Justice of India D Y Chandrachud made it clear that it would not go into the validity of the previous extensions given for SC/ST reservations through amendments made earlier. The apex court fixed the matter for hearing from November 21.

The bench, also comprising Justices AS Bopanna, MM Sundresh, JB Pardiwala, and Manoj Misra, said the validity of the 104th amendment shall be determined to the extent that it applies to the SCs and the STs since the reservations for Anglo Indians has come to an end after the expiration of 70 years from the commencement of the Constitution.

Senior advocate C A Sundaram, representing the petitioners, contended that the umbrella issue would be whether the constitutional amendments extending periods of reservation violated the basic structure of the Constitution.

The apex court framed issues like whether the Constitution (104th Amendment) Act 2019 is unconstitutional and also, whether the exercise of constituent powers of amendment to extend the period prescribed for the expiration of period of reservations under Article 334 is constitutionally valid.

Article 334 deals with the reservation of seats and special representation in Lok Sabha and Assemblies. Though it was initially meant to continue for a period of 10 years, subsequent amendments like The Constitution (95th Amendment) Act, 2009, extended reservations to groups like the Anglo-Indians, SCs, and STs for 70 years and 80 years, respectively.

In September 2003, the apex court had referred the matter to a five-judge bench on a batch of pleas challenging the validity of the 79th Constitution Amendment Act of 1999 providing reservation to SC/ST in Parliament and state assemblies.