SupremeCourt Constitution Bench to continue hearings on cases challenging the constitutional validity of reservations for Economically Weaker Sections.Follow this page for live...
SupremeCourt Constitution Bench to continue hearings on cases challenging the constitutional validity of reservations for Economically Weaker Sections.
Follow this page for live updates.
Live Updates
2022-09-21 05:15:55
21 Sep 2022 10:21 AM GMT
SG: First of all, moot aspect what is being challenged is an amendment under constitution, not a legislation or an action of administrative machinery based on that legislation.
21 Sep 2022 10:20 AM GMT
SG Mehta: I will just give my propositions and not repeat anything submitted by AG.
21 Sep 2022 10:20 AM GMT
Jethmalani concludes his arguments.
21 Sep 2022 10:15 AM GMT
Jethmalani: The ceiling limit applies only to Reservations under article 16(4).
21 Sep 2022 10:14 AM GMT
Jethmalani: On the 50% ceiling, turn to Pata 807 of Indra Sawhney.
[Reads from the Indra Sawhney judgement]
21 Sep 2022 10:14 AM GMT
J Bhat: when the RTE was enacted, it bought in only 25% reservations and it also included all backward classes
21 Sep 2022 10:14 AM GMT
Jethmalani: If economic criteria is valid, ipso facto, on basis of Ashok Thakur, this is valid.
J Bhat: 15(5) does not indicate any limit therefore it is possible to maintain a limit of 50%. 15(6) provides a cap.
21 Sep 2022 10:13 AM GMT
Jethmalani: If reservation on basis of economic criteria is constitutionally valid, EWS is also constitutionally valid.
[Refers to Ashok Kumar Thakur judgement]
21 Sep 2022 10:13 AM GMT
CJI: We also want to know if the implementation was flexible or inflexible? How exactly is it working?
21 Sep 2022 10:13 AM GMT
CJI: This has been adopted in all public offices in MP?
Jethmalani: Yes and in all educational institutions.
CJI: If you can get statistics by tomorrow, we'd be grateful.
