A five-judge Constitution Bench led by Chief Justice of India (CJI) DY Chandrachud will hear a petition seeking a review of its verdict upholding the validity of the 103rd Constitutional amendment which provided for a 10% quota for economically weaker sections (EWS) in government jobs and educational institutions.

Last year, in November, the five-judge Constitution Bench led by the then CJI UU Lalit upheld the validity of the EWS quota law, saying it didn’t violate the basic structure of the Constitution.

The bench comprising Justice Dinesh Maheshwari, Justice Bela M Trivedi and Justice JB Pardiwala — who delivered separate verdicts — upheld the validity of the EWS quota law, while Justice S Ravindra Bhat delivered a dissenting verdict. The then CJI Lalit had agreed with Justice Bhat. 

The majority had said the EWS quota law did not violate the equality code of the Constitution or the basic structure of the Constitution. On the issue of exceeding the 50 per cent quota ceiling, the majority said it would not apply to EWS reservations.

The minority verdict, however, had faulted the 103rd amendment and declared it unconstitutional for excluding the SC/ST and Other Backward Classes (OBCs) from the ambit of EWS reservation.

Review petitions are heard by the same Bench. However, due to the retirement of Justice Lalit, CJI Chandrachud will now head the review Bench.

The review petitioners, including DMK and Madhya Pradesh Congress leader Jaya Thakur, have urged the top court to reconsider its decision, submitting that it affected the entire population of the country. They have also sought an “open court hearing”.