Supreme Court Constitution Bench to continue hearings on cases challenging the constitutional validity of reservations for Economically Weaker Sections.Live Updates- Day 1Live Updates- Day 2Live Updates- Day 3Live Updates- Day 5Follow this page for live...
Supreme Court Constitution Bench to continue hearings on cases challenging the constitutional validity of reservations for Economically Weaker Sections.
Follow this page for live updates.
CJI: We will continue on the next hearing. Confine yourself to one session. For respondent counsel, 15 mins more and 2-2 and half hrs for rejoinder. No intervenors in rejoinders. We'll be notifying diff combinations post lunch on Tuesday so please confine.
Bench rises.
Counsel: You have asked how you can come and uplift on basic of economic reservations? I've gone into the three questions. One, basis of economic criteria. Two, admission to private unaided institutions. Three, exclusion. Who excluded who?
Counsel: I'm for 13 communities registered in an organisation working for upliftment of poor.
Makhija: The Nagaraj principle applies fully.
Makhija: In the argument that a new classification is permissible under our transformative constitution is in line of the goals. So the 10% cannot be disturbed.
CJI: You could have done everything else. Why do you have to enter reservations?
Makhija: Because this is enabling more measures.
CJI: The other side is not denying that there are people who are poverty stricken in unreserved class. They're saying that their poverty can be alleviated by other means- subsidies, scholarships etc.
Reservations is not just financial empowerment, it is social empowerment.
Makhija: Article 13(2)(a) of the ICESCR, which we are party to is with regard to primary education being compulsory free and Article 21 A of our constitution is also a commitment.
Makhija: Now I'll go through our international obligations...
J Bhat: Where is the law?
Makhija: The amendment is the law which has been bought in for this very purpose.
Makhija: I am drawing strength from 51(c) as well as Article 253 on the ground that poverty is the first sustainable development goal and this is in line with our international goals.