Analyzing Supreme Court on Reservation: Janhit Abhiyan vs Union of India [2022] 14 S.C.R. 1

Robin Prasad

Analyzing Supreme Court on Reservation: Janhit Abhiyan vs Union of India [2022] 14 S.C.R. 1

Author : Robin Prasad Journa Name: International Journal of Law Management & Humanities Country : India Volume: 7 issue: 3 Year: 2024 Views : 329

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.