Live Law

2024-02-08 07:39:23.0

  • Swarup : yesterday intersectionality was argued, this does not qualify as intersectional reservation at all. This is subvertical reservation...horizontal -vertical when does it work ? That a horizontal position he can occupy in any of the verticals, here The Mazhabi and valmikis are only claiming reservation against one vertical which is SC. there is no question of intersectional

    Swarup : the second submission- where is the bar is it repreadetly asked from the other side, the answer is 16(2), you are identifying on the basis of caste.

    CJI : (giving the example of Nargesh Mirza) you cannot get away by using the only phrase under article 16(2) but adopting on some other ground of discrimination...here the discrimination not only on the basis of the caste but a factum recognised by the constitution. 

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