Supreme Court (AI-generated image)
NEW DELHI: CJI B R Gavai, 2nd from the Dalit assemblage to caput the judiciary, has amended the Supreme Court Officers and Servant (Conditions of Service and Conduct) Rules, 1961, to supply for reservations to SCs, STs, OBCs, physically challenged, ex-servicemen and dependents of state fighters successful nonstop recruitments to subordinate unit of the apex court.Rule 4A of the Act, amended and substituted connected the CJI's instructions, has been gazetted done a notification issued connected July 3. However, it omits preservation for candidates belonging to the economically weaker conception (EWS), which was introduced by Parliament done Constitution (103rd Amendment) Act, 2019.The substituted Section 4A, arsenic gazetted, reads: "Reservation successful nonstop recruitment to assorted categories of posts specified successful the Schedule, for the candidates belonging to SCs, STs, OBCs, Physically Challenged, Ex-servicemen and dependant of Freedom Fighters shall beryllium successful accordance with the Rules, orders, and Notifications issued from clip to clip by the Government of India successful respect of posts carrying the wage standard corresponding to the wage standard prescribed for the station specified successful the Schedule, taxable to specified modification, saltation oregon objection arsenic the Chief Justice may, from clip to time, specify.
"The 103rd Constitutional Amendment Act introduced Articles 15(6) and 16(6) to springiness effect to 10% preservation for EWS successful govt jobs and admissions to govt and govt-aided acquisition institutions. It received Presidential assent connected Jan 12, 2019. The law validity of EWS quota was challenged successful Supreme Court by much than 20 petitions, chiefly connected the crushed that it exceeded the 50% ceiling connected quota imposed by SC successful its Indra Sawhney judgement successful 1992.
A five-judge seat led by past CJI U U Lalit connected Nov 7, 2022, by 3 to 2 majority, declared that Parliament's determination to supply quota for EWS class was constitutionally valid. The bulk presumption was shared by Justices Dinesh Maheswari, Bela M Trivedi and J B Pardiwala, portion Justices Lalit and S R Bhat ruled that EWS quota was illegal.On Dec 6, 2022, NGO 'Society for the Rights of Backward Communities' filed a petition seeking reappraisal of the Nov 7 judgment. A five-judge seat led by past CJI D Y Chandrachud connected May 9, 2023 dismissed the reappraisal petition, frankincense giving judicial impregnability to the validity of the EWS quota.