Parikh: Impugned amendment violates the width test as it violates the 50% rule in Indira Sawhney and the identity test as economic criteria cannot be sole criteria for reservation. This violates the equality code and takes us to the era of hegemony...
Parikh: I'm reiterating that it cannot be on the basis of economic criteria which is not a part of the equality code in article 14,15 and 16.
Parikh: Para 13 talks about mechanism available in DPSPs
J Bhat: This again quotes Justice Sawant.
Parikh: No I'm not reading it because it has already been mentioned.
CJI: Yes, please move on
Sr. Adv. Parikh refers to Indira Sawhney judgement.
Parikh: Not only can they not participate, even if a backward person comes under EWS, he cannot participate. This is on face of it arbitrary and discriminatory.
Parikh: "16(1) cannot be used to advance forward classes..."
Parikh: 8 out of 9 judges said that economic criteria cannot be some criteria to grant reservation under 16...on vertical or horizontal, this is important. [Refers to Justice Sawant's opinion]
Parikh: In this we may have to repeat because each idea is interlinked...what will happen is that entire thought process will go.
Bhat J: Go to passages you have to focus on.
Parikh: I'll summarize
J Bhat: Mr. Parikh, the thought that reservations are meant only for socially disadvantaged- we have spent the whole day on that. Take the idea further.