Gavai J : the common factor is social and economic backwardness but the degree may vary from one person to another

Sibal ; the assumption of homogeneity in Chinnaiah itself is constitutionally flawed, first mistake. The second mistake is that it correlated the presidential order with reservation...neither of these are valid.

CJI: because the designation is only for the purpose of the constitution. It is not only for reservation nor is it co-terminus with reservation.

Sibal : it has nothing to do with reservation. reservation emanates from the preliminary power of the parliament which is in 16(4)

Gavai J : but indira sahwney says that it could be done by executive instruction

Sibal : not anymore my lords , because parliament has to make a law my lords

Gavai J : Indra sahwney goes on to say that it is not necessary that it has to be done by legislation. it can be done by executive means