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

Wilson: How I say reservation to forward class is a violation of basic structure of Constitution, I will take you to Ashoka Kumar Thakur case - 2008 6 SCC.

[Reads from the Ashoka Kumar Judgement]

Wilson [reads from judgement]: "In view of the fact that the group is identified on economic criteria which is disapproved by SC in Indira Sawhney, the ratio holds good equally for identifying for the 10%..." 

Wilson [while referring to the Gujarat HC Judgement]: "Thus, it is clear that economic criteria cannot be the sole criteria for purpose of reservation... reservations cannot exceed 50%..."

Wilson: Cause title was Dayaram Verma v. State of Gujarat.

The issues pointed by the division bench are in para 29 [refers to the judgement]

Wilson: What happened is as a test, this was introduced in Gujarat. Ordinance 1 of 2016, a replica of amendment was introduced. This was challenged in Gujarat HC. The HC quashed this ordinance.

Wilson continues reading from the Indira Sawhney judgement.

Wilson: They then reframed questions. [Refers to the reframed questions] 

Wilson: Originally 8 issues were framed. One of the issues was examining of 16(1) itself - if economic criteria by itself could not constitute a class...

Wilson refers to clauses of the OM and the issues framed in the Indira Sawhney Judgement.

Wilson refers to the said OM challenged in the Indira Sawhney judgement.

Wilson: There was much hue and cry when first reservation of 27% was given and therefore they bought an amendment.