Agarwal: This is the only type of reservation which is completely caste agnostic and secular.
CJI: If it was completely secular then why not extend the 10% to all?
Agarwal: Then this is also a watertight compartment.
J Bhat: Backwardness for 20-30 years was how socially ostracized are you, how close to untouchability are you...so some SCs in some states are backward in other categories. Therefore jumping is not possible. There is only one way traffic to open categories.
CJI: He is now saying that you are carving out another area in the open category which is EWS. That was open to me earlier but now it is not.
CJI: The principle is that migration from vertical column to open category is always permissible but within the vertical columns, you can't, they are watertight compartments.
Agarwal: It is undeniable that SC/ST are more backward than SEBCs. If that is the case, and the axis of reservation for SEBCs are same- SEBCs should also be allowed to migrate to SC/STs.
Agarwal: With regards to migration, the other side said that poverty is more pervasive for SCs and STs. If that is the situation, that ignores some basic constitutional features.
Ultimately it is inadequacy in representation is the commonality.
Agarwal: That is the opportunity cost which always exists. The test has to be of excessiveness.
Agarwal: Whenever any kind of reservation is provided, it is supposed to be taken out of the open category.
CJI: So now that person is from SEBC but still not getting any benefits. For them you're reducing the pool from 50 to 40%