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Moot Problem

The document summarizes a constitutional challenge in Bharat to a recent amendment enabling reservations in higher education and public employment solely based on economic criteria. It notes that a number of petitions were filed challenging the amendment's validity. The Supreme Court of Bharat referred the matter to a Constitution bench, which will decide three key issues: 1) Whether reservations can be based solely on economic criteria; 2) Whether states can provide reservations in private educational institutions not receiving government aid; and 3) Whether excluding certain castes/classes from economic reservations is invalid. The matter is pending final hearing today.

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Anuj mishra
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96 views3 pages

Moot Problem

The document summarizes a constitutional challenge in Bharat to a recent amendment enabling reservations in higher education and public employment solely based on economic criteria. It notes that a number of petitions were filed challenging the amendment's validity. The Supreme Court of Bharat referred the matter to a Constitution bench, which will decide three key issues: 1) Whether reservations can be based solely on economic criteria; 2) Whether states can provide reservations in private educational institutions not receiving government aid; and 3) Whether excluding certain castes/classes from economic reservations is invalid. The matter is pending final hearing today.

Uploaded by

Anuj mishra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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3rd INTERNATIONAL ONLINE MOOT COURT COMPETITION 2023

Bharat is a developing country situated in South Asia, with a population of more than 1.3

billion. It, has a Quasi federal nature of Government and is the largest democracy in the world.

It has the lengthiest written Constitution. The Constitution of Bharat declares Bharat as a

sovereign socialist secular democratic republic. Part III of the Constitution provides for certain

elementary and fundamental rights to the people of Bharat which cannot be taken away except

under exceptional circumstances. In a democracy, the State owes certain responsibilities

towards all its citizens. All these responsibilities are enshrined in Part IV of the Bharat’s

Constitution under the title Directive Principles of State Policy.

On the 9th of January, 2019 the Parliament of Bharat enacted the 103 rd Amendment to Bharat’s

Constitution thereby enabling reservations in higher education and public employment solely on

the basis of economic criteria. The Amendment sought to amend Article 15 and 16 of Bharat’s

Constitution. The Constitutional Amendments is as follows -

https://egazette.nic.in/WriteReadData/2019/195175.pdf

A number of petitions have been filed in the Apex Court, challenging the amendment’s validity

and terming it as violative of the Indian Constitution. The primary argument of the petitioners

was that the amendment was violative of the Right to Equality granted under Article 14 by

INLR and Ruggle Partners 3rd International Online Moot Court Competition 2023
3rd INTERNATIONAL ONLINE MOOT COURT COMPETITION 2023

Bharat’s Constitution. After hearing the matter, the Supreme Court of Bharat referred the matter

to a Constitution bench on 5th August, 2020.

Among other things, the Petitioners argued that

1. Reservations cannot be based solely on economic criteria, given the Supreme Court’s
judgment in Indra Sawhney v. Union of India (1992).

2. SCs/STs and OBCs cannot be excluded from economic reservations, as this would violate the
fundamental right to equality.

3. The Amendment introduces reservations that exceed the 50% ceiling-limit on reservations,
established by Indra Sawhney.

4. Imposing reservations on educational institutions that do not receive State aid violates the
fundamental right to equality.

The Respondent in the case was the Union of Bharat and its Ministries. The Respondent framed

3 issues, which the Supreme Court of Bharat accepted and held that it would decide the matter

based on these issues.

The matter is pending for the final hearing in the Court on 27th September 2022 i.e. today.

ISSUES

INLR and Ruggle Partners 3rd International Online Moot Court Competition 2023
3rd INTERNATIONAL ONLINE MOOT COURT COMPETITION 2023

1. Can reservations can be granted solely on the basis of economic criteria?

2. Can states can provide reservations in private educational institutions which do not receive
government aid, as provided in the Amendment?

3. Are EWS reservations invalid for excluding Scheduled Castes, Scheduled Tribes, Other
Backward Classes, and Socially and Economically Backward Classes from its scope?

NOTE

1. The Laws of India are pari materia to that of Bharat.

2. Teams cannot frame new issues however they can frame sub-issues.

INLR and Ruggle Partners 3rd International Online Moot Court Competition 2023

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