Thread by @LawBeatInd

#SupremeCourt hearing pleas challenging the Madras High Court judgment which had declared the 10.5% internal reservation to the Vanniyar community under the existing 20% reservation to Most Backward Classes by Tamil Nadu Government unconstitutional.
#VanniyarReservation

Bench: We are not inclined to the argument of referring the matter to a larger bench, you can start your arguments.

Due to non availability of Senior Advocate Abhishek Singhvi the petitioner are seeking a short accomodation.

The bench has asked other counsels to continue with their submissions.

Sr Adv Rakesh Dwivedi appearing for the State of Tamil Nadu submits that, article 31B is not prescribing any perticular law to make any legislation, if the amendment acts are placed in 9th schedule they are protected.
#VanniyarReservation

Dwivedi- If it gets incorporated as a part of the constitution then you would need constitutional ammendment for that purpose.
#VanniyarReservation

Dwivedi- The cases which has arisen, the court was concerned that the ammendment act which has not been placed and is the derivative of the act, those observation has to be understood in that line. In all these Judgment the State's power is protected.
#VanniyarReservation

Dwivedi- the ambit of amend in 31B is in whatsoever manner, there is no particular manner which is prescribed. The amend has to be decided on the basis of Substantive provisions.
#VanniyarReservation

Dwivedi- now for the Article 31C.

J Rao- Same logic that applies for 31B is here.

Dwivedi- How state is claiming the protection under 31C js that there was a presidential assent. This act is really within the fold of...
#VanniyarReservation

Some Counsel asks Justice Gavai to turn on his mic.
J Rao- Even without the mic he can be heard.
Even now we should remove this glass.
J Gavai- looking at other countries we should also normalise things.
#VanniyarReservation

Dwivedi- Whether the sub-clasification that we have brought in is reasonable or not.
#VanniyarReservation

Senior Counsel appearing for PMK referring to the judgment.

Senior Advocate Abhishek Manu Singhvi to argue post lunch.

Singhvi continues arguing over the issue of Presidential assent, the 94 Act which has stood the test has simply been delineated by the Act of 21. Power I undoubtedly have.
#VanniyarReservation

Singhvi- Is it not that the other side is being hyper technical that you cannot exercise the power, the intent then to leave explanation was to accomodate future and not to run for Presidential assent again and again.
#VanniyarReservation

Singhvi- The legislative intent of the 102 amendment is to clarify that the State and union Territories may continue to have their on separate list.

Singhvi is referring to debates in both the houses in this regard showing that the bill was taken up and it was near unanimity.
#VanniyarReservation

Justice Rao asked Singhvi that What did you say in the parliament?

Singhvi- Milords, I said that the purpose of the act is clarification.

Mr Patnaik also said this is a clarificatory amendment, everybody agrees.

#VanniyarReservation

Singhvi- 4 reports which has consistently said that these casts, these classes are the most backward classes. It is on the basis of the census.
Reports are:
-Santyanathan
-Ambashankar
-Janarthanam
-21 Report
#VanniyarReservation

Singhvi- I'm done your lordship, I'm very deeply obliged.

Senior Advocate Rao for the PMK continues arguing.

Rao submitted that the people of this community are engaged in working for fishing, at the atomic centre they work as a cosmetic cleaners. The. In 1989 government made compartment reservation.

Rao- Milords, the Indira Sahani case approves classification, the question is whether the state has competence to make amendment under the 102.
#VanniyarReservation

Rao- Milords, they are the grave diggers, such community given a small reservation cannot be a subject of attack by the other backward communities.
#VanniyarReservation

Rao- No community is before your Lordships saying that the Vanniyar community is not a backward community.
#VanniyarReservation

Rao- The reservation is made on the basis of quantifiable data, it is not excessive, no community has complaint there for my submissions are correct and the High Court has not considered these aspects.
#VanniyarReservation

Senior Advocate CS Vaidyanathan- Milords I'll not take more than 30 minutes, The powers are derived from the constitution. Today if the Vanniyars are more than 20% I could have understood an argument that you please restrict otherwise they will takeaway the reservation.

Vaidyanathan referring to Mr Janarthanam report said....

J Rao- Tomorrow there is a change in the combination, so we'll continue this on Tuesday. Please don't repeat whatever is covered.
#VanniyarReservation

J Rao- On Tuesday there is this Ration matter from Telangana that will go to some other day.