Ews case SUGGESTED ISSUES Whether the 103rd Constitution Amendment Act, 2019 violates the basic structure of the Constitution inasmuch as it permits reservation of seats in educational institutions and employment under the State on the basis of economic criteria alone?

IN THE SUPREME COURT OF INDIA

TRANSFER CASE (CIVIL) No. 8/2021

IN THE MATTER OF:-

SUGGESTED ISSUES

1. Whether the 103^rd Constitution Amendment Act, 2019 violates the basic structure of the Constitution inasmuch as it permits reservation of seats in educational institutions and employment under the State on the basis of economic criteria alone?
2. Whether reservations, being exceptions to the rule of equality under Article 14 and non-discrimination under Article 15(1) & 16(1), is permissible only in favour of socially backward classes, SC & ST?
3. Whether granting reservations to forward castes (EWS or otherwise) is impermissible in view of the law laid down by this Hon’ble Court in Ashok Kumar Thakur Union of India (2008) 6 SCC 1
4. Whether granting reservations on the basis of economic criteria alone is permissible in view of the dictum laid down by this Hon’ble Court in the case of Indra Sawhney v. Union of India 1992 Supp (2) SCC 217? Whether the material basis of the judgement is Articles 14, 15(1) & 16(1) and the same have not been removed?
5. Can the impugned amendment breach the 50% cap on reservations placed by a catena of judgements of this Hon’ble Court, when the amendment is not placed in the IXth schedule?
6. Whether the ‘EWS’ category is a reasonable classification?
7. Whether the impugned amendments fail the width of power and guided power tests laid down by this Hon’ble Court in Nagaraj v. Union of India (2006) 8 SCC 212?
8. Whether the States have been given unguided power to classify EWS category?

COUNSEL FOR THE PETITIONER