Legal Case Update

The Addl. Solicitor General Gopal Subramaniam started his arguments to prove the irrelevance of US judgment in the Indian scenario. He asserted the role of executive and legislative measures to ensure social justice by bringing all the backward castes in main fold. Taking the limelight away from the admissions issue, he repeatedly voiced the need to implement the fundamental right to equality enshrined in Part III of the consitution in its totality.
Justice Pasayat and Justice Thakkar expressed their concerns and apprehensions over the inadvertently long delay in attaining the objective through the quota route. To this, ASG retorted by expressing inability to find quick fix solutions to treat this age old malady and supported the quota and reservation system as the best form of special provision.
Then YFE counsel Rajeev Dhawan argued with the Chief Justice, to prove that the present form of quota is untenable and cannot stand judicial scrutiny. He said the modality taken for identification, for offering benefit and the percentage of reservation must be redefined.
ASG urged the need to view concept of equality from different perspective, which according to him, Equality means parity in condition and parity in treatment.
Gopal Subramanian's arguments full of loop holes had little impact on the judges. While countering YFE's presentation on Arjun Sengupta Report, the ASG armed with the full report, was caught on wrong foot when Justice Raveendran quizzed him on the data.
Later Andharjuniad (Albanian origin lawyer) on behalf of Kerala Government, Mrs. Indira Jaising for Andhra Pradesh Government put in their arguments. Mrs. Indira's argument was based more on historical past rather than present scenario.
The court is now reconvening on 23rd of October as the full bench of the judges is not available for that week. Ram Jethmalani will argue for the government on 30th.
Having known their stand on most issues, we need to prepare a strong counter point. Your inputs are appreciated and needed.

Latest Update on Court Case in Supreme Court

The Supreme Court on Wednesday said that the law providing 27 per cent quota to OBCs in central educational institutions has to pass the test of equality and fairness.

"The touchstone of rationality and fairness is the test which the law providing reservation has to pass," a five-judge Constitution Bench headed by Chief Justice K G Balakrishnan observed when the Centre contended that quota for the backward classes was recognised by the Constitution.

"Equality and fairness has to be there," the Bench said cautioning that the targeted group of beneficiary comes from the so-called creamy layer.

The Bench also said that traditional occupation by which the persons' caste was recognised could not be the ground in the present scenario to identify the backwardness of a person.

It said many people of other castes were now opening beauty parlours which was the occupation of the people belonging to traditional barbar community.

"The defined occupations are not applicable in the present scenario to identify the socially and educationally Backward Classes," the Bench, which is examining the validity of the Central Educational Institutions (Reservation in Admission) Act, 2006, observed.

"The Varna classification cannot apply now," the Bench said.

Additional Solicitor General Gopal Subramanium was arguing that it was wrong to say that reservation was total anathema to the Constitution as contended by the anti-quota petitioners.

The court also said that perhaps no systematic survey was done for the identification of backward classes after the 1931 census when Pakistan , Bangladesh were part of India .