Parikh: If you look at the initial draft, which is in my compilation, you see that the initial provision stated - [reads from the initial draft of the Constitution]
Sr. Adv. Sanjay Parikh (for petitioners): The constitution makers envisioned the equality code and content of reservations.
If you look at provisions of 15 & 16, in particular 16 [reads 16]- talks about equality of opportunity.
Arora: Even in US, Canada, reservations are on racial criteria, not economic.
Arora quotes from a book and states that economic reservation cannot come near reservations given to untouchables in India
Arora: Everything that is said here would apply to the economic hardship of a certain section. And once this is done reservation wouldn't make sense because we have only one criteria that is economic criteria.
Sr. Adv. Arora draws the attention of the court to Justice Bhat's judgement in Maratha reservation.
Arora highlights that "The ceiling limit of 50%, concept of creamy layer etc are all constitutional requirements without which structure of Article 16 would collapse"
Arora highlights from the judgement formal and proportionate equality.
Arora continues quoting from the Nagaraj Judgement.
Arora: In each case the court has to be satisfied that state has made reservations for SCs and STs and such reservations are necessary for adequate representation...
This part was in Jarnail Singh.
Arora: Gender, sex is specifically mentioned in 15(1)...
J Bhat: No one knew that 15(1) will enable reservations at that time. That came later in Thomas judgement. 15(3) stated that it later.