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LANDMARK CASE

Janhit Abhiyan v. Union of India

(2023) 5 SCC 1 · Supreme Court of India · Constitutional law

At a glance

  • Citation: (2023) 5 SCC 1
  • Court: Supreme Court of India
  • Area of law: Constitutional law
  • In one line: By a 3 to 2 majority, the amendment was upheld. Economic criteria alone can support reservation.

1 Facts

The 103rd Amendment provided 10 percent reservation for economically weaker sections outside existing reserved categories.

2 Issue

Does EWS reservation violate the basic structure?

3 What the court decided

By a 3 to 2 majority, the amendment was upheld. Economic criteria alone can support reservation.

4 Why it matters

It allowed reservation beyond the earlier 50 percent understanding for a new category.

5 Think about it

Why did the dissent object to excluding SC, ST and OBC poor from EWS?

6 Analyse it yourself

Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.

How to analyse a judgmentHow to cite this case

7 More cases on Constitutional law

  • A.K. Gopalan v. State of Madras AIR 1950 SC 27
  • ADM Jabalpur v. Shivkant Shukla (1976) 2 SCC 521
  • Air India v. Nergesh Meerza (1981) 4 SCC 335
  • Ajay Hasia v. Khalid Mujib Sehravardi (1981) 1 SCC 722
  • Anuj Garg v. Hotel Association of India (2008) 3 SCC 1
  • Anuradha Bhasin v. Union of India (2020) 3 SCC 637

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