EWS Reservation- Supreme Court Constitution Bench Hearing- LIVE UPDATES

Update: 2022-09-13 05:03 GMT
Live Updates - Page 2
2022-09-13 10:27 GMT

Parikh: The only source - it's not available in 15(4), 16(4)- and 46 cannot be used.

J Bhat: On this Justice Sawant...

Parikh: Weaker section is nothing but SC/ST and backward classes.

J Bhat: There can be other weaker sections, other than socially disempowered 

2022-09-13 10:25 GMT

Parikh: Article 46 is ultimately the source and if we're implementing that we need a constitutional amendment. The substance is that Constitution provides an equality code, constitution makers say who reservations were meant for.

2022-09-13 10:24 GMT

Parikh: This 50% rule isn't just a rule numerically put but it is a part of the equality code in 14,15,16. 

2022-09-13 10:24 GMT

Parikh: The other argument in Maratha reservation is that 16(4) ultimately exhausts reservation so it is permissible in 16(1) and if it's dealt in 16(1), 50% rule can be breached.

2022-09-13 10:17 GMT

Parikh: The 50% rule cannot be breached by the 103rd amendment.

Bench discusses.

2022-09-13 10:15 GMT

Parikh quotes Maratha reservation judgement.

2022-09-13 10:15 GMT

Parikh: What was said in Balaji (that social backwardness and economic backwardness go hand in hand) was then used in Indira Sawhney.

2022-09-13 10:15 GMT

Parikh quotes Balaji Judgement.

2022-09-13 10:14 GMT

Parikh: Instead of reservation, use special provisions for advancement of socially and educationally backward classes. Even when first amendment came, debates point that economic criteria can't be only reason. What's been given in 16(4) was in 15(4).

2022-09-13 10:14 GMT

Parikh: This is the report which says that National Commission of Denotified Tribes- nothing has been done in regard to that. 

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