Parikh: The only source - it's not available in 15(4), 16(4)- and 46 cannot be used.
J Bhat: On this Justice Sawant...
Parikh: Weaker section is nothing but SC/ST and backward classes.
J Bhat: There can be other weaker sections, other than socially disempowered
Parikh: Article 46 is ultimately the source and if we're implementing that we need a constitutional amendment. The substance is that Constitution provides an equality code, constitution makers say who reservations were meant for.
Parikh: This 50% rule isn't just a rule numerically put but it is a part of the equality code in 14,15,16.
Parikh: The other argument in Maratha reservation is that 16(4) ultimately exhausts reservation so it is permissible in 16(1) and if it's dealt in 16(1), 50% rule can be breached.
Parikh: The 50% rule cannot be breached by the 103rd amendment.
Bench discusses.
Parikh quotes Maratha reservation judgement.
Parikh: What was said in Balaji (that social backwardness and economic backwardness go hand in hand) was then used in Indira Sawhney.
Parikh quotes Balaji Judgement.
Parikh: Instead of reservation, use special provisions for advancement of socially and educationally backward classes. Even when first amendment came, debates point that economic criteria can't be only reason. What's been given in 16(4) was in 15(4).
Parikh: This is the report which says that National Commission of Denotified Tribes- nothing has been done in regard to that.