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

Wilson: So far as the Office Memorandum under challenge under Indira Sawhney judgement, is an EWS reservation which was struck down- similar to what we find in the 103rd amendment.

Wilson refers to Dalmia Cement judgement: It differentiates between social and economic justice. 

Fourth, impugned amendments fails the width test under Nagaraj. It permits violation, one need not wait for potential violation to happen.

Wilson: 103 amendment grants reservation to upper caste is violation of basic structure. Second, mockery on idea of affirmative action and violative of A. 14. Third, classification of EWS is not reasonable or valid.

Sr. Adv. P Wilson (for petitioners): I wanted to start by quoting William A. "One law for lion and ox is oppression." That's what I want to say about reservations for SC/ST/OBCs and EWS on other hand.

Khurshid: 2-3 points from TMA Pai judgement on whether seats can be taken... I've put it in original note but couldn't be put here due to paucity of time.

That's all I have to say.

CJI: Thank you

Khurshid: 4 economies are indicated in the note and acc to this, economy C where least advantaged group is getting most, and most advantaged group gets least.

That's how sense of fairness is judged.

Justice Bhat: Most scholarships went to SCs and STs and 2% to others.

CJI: We have to supplement that submission, that's why.

Khurshid: Your lordships have taken several passages on scholarship network by GOI. My arguments are that there are many ways of addressing the issue of economic disadvantage.

CJI: Earlier counsel said that it would be 5% acc to this but it's at best 2%

CJI: The note that you've given, soon after Israel is India, just read that.

Khurshid: "Reservation is a part of affirmative action in India..."

[Reads on Indian policy on reservation]