SupremeCourt Constitution Bench to continue hearings on cases challenging the constitutional validity of reservations for Economically Weaker Sections.Follow this page for live...
SupremeCourt Constitution Bench to continue hearings on cases challenging the constitutional validity of reservations for Economically Weaker Sections.
Follow this page for live updates.
Live Updates
2022-09-21 05:15:55
21 Sep 2022 9:46 AM GMT
CJI: ...from a particular caste you can't get it. Therefore, you say is that you have a special reservation so you must confine yourself to that. We will not permit you from that arena to this arena. This is reserved to those who have no reservations.
21 Sep 2022 9:46 AM GMT
CJI: Emphasis is that there are certain classes who need special protection. So you have identified scientifically these classes and then said that this is the target class. So up till now you're giving affirmative action but suddenly you're saying now that you're...
21 Sep 2022 9:46 AM GMT
J Bhat: To understand that as one homogeneous class is wrong. Each one of them is different. Constitution has seen them as differently- SC, ST and OBC. To tell a man that you're an ST and hence excluded, is that right, answer that.
21 Sep 2022 9:42 AM GMT
J Bhat: Adding this EWS, we don't know. But exclusion is what is hurting. The way you can reach is by exclusion.
21 Sep 2022 9:41 AM GMT
J Bhat: So to say all unreserved are homogeneous is an assumption. That's not how reservations work.
21 Sep 2022 9:41 AM GMT
J Bhat: In case of EWS, there is no status there. OBCs- each caste is a grouping. EWS are also identifiable by some class or caste- they too would be floating. Some would be in 2 years, 3 years. They belong to non backward which means they are not homogeneous.
21 Sep 2022 9:40 AM GMT
J Bhat: As far as legal arguments go one can understand. If today your creamy layer def is 8 lakhs and it's 3 years. So in a given set of 3 years you're creamy layer, in other 3 years you're not. It's only a line which is drawn for entitlement.
21 Sep 2022 9:39 AM GMT
CJI: Take for instance OBCs above creamy layer, will their share not get reduced? Just as the open general category, for everyone, hasn't the size shrunk? And if it has shrunk at whose expense?
21 Sep 2022 9:38 AM GMT
Jethmalani: Supposing forward classes are falling back, is it such a violation of constitution that it destroys its very identity? At the most it is a marginal tweaking.
21 Sep 2022 9:38 AM GMT
CJI: What was the criticism of the GO? This was it. Suppose there is 5% seats for muslims, there could be more meritorious muslims who could compete in general category still.
