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.