Arora: EWS explicitly excludes disadvantaged SEBCs. It violates (basic structure) in a manner that it excludes a particular segment and does not bear equality at all.
Arora: There are no safeguard features, no guard rails, not even an end point. For instance, under Article 16 there is an end point. EWS has no end point, no safeguards, unlike existing reservations.
Arora: This was on cause for reservation. Coming to the next limb- what is the consequence?
Arora...class would compete and those who belong to socially and educationally advanced classes will get the whole quota..."
Arora: [continues reading from judgement] "The addition of the word economically will add variance to Article 340. He added, socially is much wider terms including economically, this shows that economically alone was discarded...if poverty alone is made the test, poor from all...
The bench resumes hearing.
Arora: If I may read a couple more lines from the judgement...that will sum up what I wish to submit.
Arora: Mere economic or educational backwardness cannot be the criteria of backwardness under Article 16(4).
Bench rises for lunch break.
Arora: Mere economic aid will not give them (backward classes) means to compete with forward classes- This is also the core of my submissions.
Arora: Article 16(4) is not aimed at providing economic aid. [Continues from judgement] "Such backwardness is both the cause and consequence of non representation in country. All other kinds of backwardness are irrelevant. Backwardness has to be of whole class."
Arora: My submission in the beginning was that my lords have struck down economic criteria as single criteria for backwardness.
[Continues reading from judgement]
Arora: The purpose of the two is different. One is for limited purposes of reservations and one is for all purposes. This is my one limb.