EWS Reservation- Supreme Court Constitution Bench Hearing DAY 2- LIVE UPDATES
Khurshid: "They did not have the intention of equating classes with caste." Be that as it may, at the end they get equated. There is an overlap between class and caste
[Reads Indira Sawhney judgement]
Khurshid, while quoting from the judgement refers to the definitions of caste and class.
Khurshid (continues quoting from Indira Sawhney judgement): There are several attributes that get repeated into deciding what is a class through a caste.
Khurshid: The reference is to communities, not to class. Class is the second stage which one will reach after examining communities.
Khurshid: In the list of Mandal commission, every protected class is based on caste. And it's true for other religions too- such as Islam/ Sikhism. What are the parameters to see which caste has been converted to class is what I'll look into.
[Refers to Indira Sawhney judgement]
Khurshid: The first point I wish to make is that the entire list of reserved category of citizens in our country is based on caste. Although we don't look at caste for any other purpose except for purpose of constitutional support.
Khurshid: From there I will take you to the idea of classification. Under A. 14, reasonable classification is what you have upheld. Nexus should be achieved and object must be reasonable.
Khurshid: If I might preface this also with one question about the idea of equality. I would urge you to consider that this entire thing should be examined against an idea of equality and equality code.
Khurshid: There is a larger circle of affirmative action and within that is reservation. Many countries have affirmative action- such as Israel, Germany. Affirmative action may be one answer. Whether these reservations can be moved beyond 50%? Court said it's upper limit.
Sr. Adv. Salman Khurshid (for petitioners): If I might underscore, this is an area of justice and affirmative action. In India there is special area of affirmative action, that is Reservations, that is what courts have referred to.