EWS Quota Case Hearing Day 5 - Live Updates From Supreme Court

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.

SG Mehta: I will just give my propositions and not repeat anything submitted by AG.

Jethmalani concludes his arguments.

Jethmalani: The ceiling limit applies only to Reservations under article 16(4).

Jethmalani: On the 50% ceiling, turn to Pata 807 of Indra Sawhney.

[Reads from the Indra Sawhney judgement]

J Bhat: when the RTE was enacted, it bought in only 25% reservations and it also included all backward classes 

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.

Jethmalani: If reservation on basis of economic criteria is constitutionally valid, EWS is also constitutionally valid.

[Refers to Ashok Kumar Thakur judgement]

CJI: We also want to know if the implementation was flexible or inflexible? How exactly is it working?

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.