EWS Reservation- Supreme Court Constitution Bench Hearing DAY 2- LIVE UPDATES

J Bhat: For each of these categories- SC/ST/SEBCs, there is a definition, mechanism. Earlier counsel said definition. There is no definition also.

Wilson: Yes

Wilson: Tomorrow they'll say what is Economically weaker; they'll say it's people without a car.

J Bhat: Would it not be useful to go to constitution itself- 366, definition, 24,25...

Wilson: My lord, my submission is that this article leaves entirely to the discretion of the state to notify who all will be EWS that too from time to time. This affronts the guided theory in Nagaraj.

Wilson: I will now take you to Articles 15(6) and 16(6). Your Lordships have the benefit of statement of objects and reasons. One has to read the article itself. If we read article 15(6), the definition of EWS is not found in 15(6) or definition.

[Reads Article 15(6)]

Wilson: "Economic criterion cannot be the sole basis to determine...even under 16(1) reservations cannot be made on basis of economic criteria alone"

[Reads from the Indira Sawhney judgement]

Wilson continues reading from the Indira Sawhney judgement.

Bhat J: What is the conclusion of each will have to be seen. It would be better if you could give a note and refer to that. Mr. Parikh did that yesterday.

Wilson: I will refer to note.

Wilson: I am referring to Indira Sawhney judgement again.

[Refers to the final conclusion of the judgement]

J Bhat: What is the context of the observations? There are different judgements.

Wislon: Context is that exclusion of creamy layer, while dealing with that, they've gone into 15(1) and 16(1).

Wilson: "Non exclusion of creamy layer and inclusion of forward classes violates equality..." This is Constitution Bench Judgement in Ashoka Kumar Judgement.