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Case Analysis: Janhit Abhiyan Vs Union Of India




Yashi Srivastava, B.A. LL.B., Symbiosis Law School, Noida


INTRODUCTION


Case Name: Janhit Abhiyan v. Union of India

Bench: Justice , Dinesh Maheshwari, S. Ravindra Bhat, Ms. Trivedi, J.B. Pardiwala

Citation: Janhit Abhiyan v. Union of India, (2021) 11 SCC 78

Appellant: Janhit Abhiyan

Respondent: Union of India

Final Judgement: November 7, 2022


FACTS


The introduction of the Constitution (103rd ) Act, 20191 by the government marked a significant and contentious development in India's reservation policies. This amendment proposed the inclusion of provisions for a 10% reservation in educational institutions and employment opportunities for individuals falling within the economically weaker sections (EWS) of society. The primary aim was to provide an additional layer of reservation for a specific economic criterion, distinct from the existing quotas that had been established for historically marginalized groups, namely the (SCs), (STs), and (OBCs). This addition was made by incorporating Articles 15(6)2 and 16(6)3 into the Constitution. However, this bold move by the government did not go without legal challenges. Numerous writ petitions were filed challenging the constitutionality of the 103rd Amendment4.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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