EWS Quota Case Hearing Day 6 - Live Updates From Supreme Court

J Bhat: Vacancies do not arise in public services every year esp in higher positions. They have only those few vacancies. Now if there are 2 vacancies, in EWS, that will only be available to them. There won't be another vacancies for years to come.

Reddy: This balance cannot be static when the society is so dynamic and keeps on shifting. Esp for a volatile nation like India.

Reddy: If each of the backward class member has more than 50% opportunity, unlike a GC candidate who cedes 60%, the backward class member has to cede only 10%.

Reddy: Balance is to be made between competing claims. Exclusion of backward classes is not unconstitutional. Every backward class member has individual opportunity so opportunity quotient increases 50%.

Bench discusses.

Reddy: It's not an inflexible rule.

Reddy: State's duty is to address inequalities so there is no disadvantage. So your Lordships are looking at a balance now.

Reddy: Social backwardness is the cause for economic backwardness. State may be required to address the root cause. If the root cause is addressed, social advancement happens. This is only to address the inequality. 

Reddy: Indra Sawhney, the recurring theme is balance- balance being made in equality of opportunity and affirmative actions. These are fungible values. One of the Goldilocks solution was to look at the tags.

Reddy: I'm talking about the last 10%- the woefully disadvantaged.