NEET- AIQ : Live Updates From Supreme Court Hearing Of Plea Against EWS/OBC Reservation

The bench also asks ASG Nataraj to  address on the aspect of grant of reservation at PG level.

Hearings adjourned to October 21.

Bench asks ASG to file affidavit from the Ministry of Social Justice and Department of Personnel and Training on the issues related to income limit for EWS.

Datar : Let the concerned Ministries file the affidavit through the ASG. There is a judgment of Supreme Court saying that once ASG or SG appears, the appearance is for the entire Central Govt and not for a Ministry.

ASG : These are all larger issues.

Justice Chandrachud : What is before the larger bench is the validity of the constitution amendment. What we are considering is the implementation of the amendment.

Justice Chandrachud : Mr. Nataraj, you better reflect on these. On what is the indicia for EWS? And what exercise has been done for arriving at this by the Govt of India? You cannot apply the same indicia as you apply for the SEBC. See because in the case of creamy layer, the concept of creamy layer is that by reason of economic advancement, indicia of backwardness id completely obliterated. But in the case of EWS, there is no concept of obliteration of social backwardness. We are not looking at social backwardness at all. You better file an affidavit.

Justice Chandrachud : What is this exercise ? How can you say 8 lakhs everywhere for the country?

Justice Chandrahcud : Even within a state, there will be different parameters. For example, in Maharashtra, different parameters will be there for Gadchiroli and Mumbai. For UP, different parameters will be there for Ghaziabad, or Western UP or Behraich.

Justice Chandrachud : Mr. Nataraj, I will tell you a fable. Not a fable, a real happening. When we recommend lawyers as judges, there is an income criteria. For example, income criteria of "X". But for a person in Allahabad, "X" will be a huge income. It might be different in Mumbai. The scale of pay, living cost etc are different. The reason we say is that, the explanation to Article 15(6) says states will define. For example, in a hill state with remote areas, income of 3 lakhs might be economically weaker section. It may not be the economically weaker section in Karnataka or any other developed state . I don't mean this in a pejorative sense to states. Just citing an example. Even for HRAs, you have Class 1, Class 2 cities.

Justice Chandrachud : Who carried out the study? What was the contemporaneous studies which the govt relied?

ASG : For that purpose, I have to file a counter.

Justice Chandrachud : What is the basis for 8 lakhs? You can't say it is a matter of policy. For EWS quota, there is a constitution amendment. But what about this income criteria, who deliberated?