The Supreme Court on March 28, 2019, has set the date to hear a batch of petitions challenging the Centre's decision to grant 10 per cent reservation in jobs as well as admissions to educational institutions to economically weaker sections on April 8, 2019.
A Bench comprising of Justices S.A. Bobde
and S.A. Nazeer
said it would also consider the question whether the challenge to the 10% economic reservation law should be heard by a Constitution Bench. At the outset, Solicitor General Tushar Mehta, appearing for the Centre, sought an adjournment saying he and Attorney General K.K. Venugopal were appearing in a matter on March 28, 2019, before a Constitution Bench headed by Chief Justice of India Ranjan Gogoi
Senior advocate Rajeev Dhavan, appearing for one of the petitioners, however, objected to an adjournment, saying “If the matter is to go before a Constitution Bench, then ad-hoc adjournment cannot come in the way." He referred to the apex court's last order passed in the matter on March 11, 2019
, wherein the court had said that it will consider on March 28, 2019, whether the matter is required to be referred to a Constitution Bench. "You (Bench) have to consider if this matter needs to go before a Constitution Bench since it attacks the basic structure,” Dhavan said. On hearing both the parties, the Bench decided to give an opportunity to the Centre and the Attorney General and posted the matter for hearing on April 8, 2019.