Arora: Whatever be the number of seats, the principle of reservation will apply. So they cannot say that we've increased seats and so there can be more.
Arora: There is an argument that exclusion of EWS is not from caste but classes. My response is that reservations aren't given in proportion to population. Thus there is no justification advanced to discriminate them on economic criteria.
Arora: they said that constitution doesn't allow for migration to vertical reservations. We aren't here in this matter & we haven't tested principle of migration of SC/ST to OBC. In any case in RK Sabarwal, it said that migration from reserved category to general is permissible.
Arora Refers to the Ship of thesus doctrine from philosophy.
Arora: It is suggested that not all incursions in basic structure violate basic feature, unless it is shocking. If this is accepted, you can destroy basic structure chip by chip- it won't be shocking.
Arora: It is well settled principle that it's the impact of action has to be taken into consideration, not just objects.
Arora: Madras Bar Association para has been extracted. Indra Sawhney 1 and 2 is required to be treated as voice of the court and nothing warrants overruling merely because it was an OM and here it is Constitutional amendment.
Arora: Passage read out in Bhim Singh has been obiter, it has been overruled in I.R. Kohilo.
Arora: In horizontal reservations, we already have principle to divide.
Arora: The principles of horizontal and vertical reservations have been discussed in Saurabh Yadav.
Sr. Adv. Meenakshi Arora: As I understand, the AG said that SC/ST cannot be further subdivided. Therefore, given EWS to SC/ST doesn't arise. If you do 50% crosses.
If we accept this, we can't do horizontal reservations also.