Supreme Court Constitution Bench to continue hearings on cases challenging the constitutional validity of reservations for Economically Weaker Sections.Live Updates- Day 1Live Updates- Day 2Live Updates- Day 3Live Updates- Day 5Live Updates- Day 6Follow this page for live...
Supreme Court Constitution Bench to continue hearings on cases challenging the constitutional validity of reservations for Economically Weaker Sections.
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CJI: Mr. Shadan, we want your assistance again on the point because by the time we have come to the close of this matter, we started with say 1 unit, today we are 20 units. We want you to again put that in concise form. You and Mr. Kanu Agarwal, please do it in 2-3 days.
More intervenors try to make submissions.
J Bhat: We don't want any new submissions. We're sealing it.
CJI: We will come back in 5 mins.
CJI: You're trying to say that there is inadequate representation for certain group. But that's not what we're called upon to decide. We're to decide whether it violates basic structure. Your data will not help us with that.
Justice Maheshwari: How will this help us in arriving whether the basic structure is getting violated or not?
CJI: Thank you Mr. Mohan Gopal.
Another counsel seeks to submit ratio of different reservations.
CJI: We can't go into that.
Gopal: This interpretation where we say that other than means that the criteria shall be distinct will allow you to keep this going without letting reservation run loose and disconnecting it from backwardness.
Gopal: The political intention for providing a separate compartment may not be achieved. But that's not the intent of the court.
Gopal: Eligibility criteria should be distinct with intelligible differentia.
Gopal: That is not a manner which is referring to human beings. For eg criteria for sportsperson is diff than disabled persons. So a SC sportsperson who is disabled overlaps.
Gopal: The criteria should be "other than"
J Bhat: Other than can mean two things- one is exclusion, other way is descriptive- what is described, in addition to this. In that event, there is no exclusion.