EWS Reservation- Supreme Court Constitution Bench Hearing DAY 2- LIVE UPDATES
Khurshid: [refers to Ashok Kumar Thakur on the issue of applying American Law]
Khurshid: [Reading Israel's policy] "The emphasis is on structural disadvantages...This policy made institutions more diverse than they otherwise would have been."
Diversity can be one reason why affirmative action is taken but that's different than general arguments applied
Khurshid: There are cases where some reservations are made where gender Justice is ensured by giving women...look at the example of Israel. First is Africa, then Asia, then Israel. I'll read their class based affirmative action policy.
Khurshid: The tie breaker and alternative approach in US and Europe is common.
J Bhat: This may not be good law there as racial tie breaker is frowned upon as they said that the constitution is colour blind.
Khurshid: ...In some regions when quotas are not used, minorities are given special provisions (in US)...They said you cannot exclude someone on basis of reservations but can take into account race and give special preference.
Khurshid: I am conscious of the fact that your Lordships have said that American decisions may not be exactly but periodically you do refer to them. If you see in this note on affirmative action...
Khurshid: It is just to indicate the process by which court lifted attributes from the caste and converted it to class. I cannot find a similar stepping stone for 10% of EWS.
Khurshid: That issue of merit applies to everyone. You will find the caste issues of Muslims and Christians. Please come to Justice Jeevan Reddy's opinion.
[Reads the opinion]