Thread by @barandbench

Supreme Court Constitution Bench to shortly hear petitions challenging the 10% quota for the economically weaker sections (EWS) and an Andhra Pradesh law which grants reservation to Muslims shortly

[The hearing today is for case management directions]

#SupremeCourt

For #EWS case: #SupremeCourt to decide whether grant of 10% reservation violated 50% ceiling cap on quota declared SC & if "economic backwardness" alone could be the sole criterion for granting quota in govt jobs & educational institutions for those who were under general quota

For #Andhra Case: SC to hear appeals against HC decision that 'The Andhra Pradesh Reservation of Seats in the Educational Institutions and of Appointments/Posts in the Public Services under the State to Muslim Community Act, 2005' was violative of Articles 15(4) and 16(4)

CJI UU Lalit: Sorry for being late. There were some traffic restrictions in the morning and that is what held us back.

Hearing begins

[EWS case]

Sr Adv Maninder Singh: States will not be needed in this case. There are impleadment applications, May be notice can be issued to them

CJI: Issuing notice to states will delay the matter. Whoever is here can submit points

SG Tushar Mehta: I am here for Maharashtra

AG KK Venugopal: I have filed a very short written submission for your perusal
#EWS

SG: One is EWS and one is religion based reservation. Notice can be issued to states in EWS matter and we can start with the second case

CJI: No we will start with EWS. All counsels appearing will be entitled and can argue. Tell us how much time you will take from Sept 13

Adv Shadan Farasat: the total time requested from all sides is 17.5 hours

CJI: Let us assume 18 hours and that would mean 4 working days

Farasat: This is only for EWS case

Adv: The states have not indicated the time #EWS

SG: AG submits that he will take 3 hours. But the points raised by petitioners may not be raised again

CJI: This is all considering that we are posing questions. If you say that it will not be possible then we wont even venture into the exercise.

Sr Adv Sibal: no we will

CJI: Who is the first batsman in #EWS case?

Sr Adv Gopal Sankarnarayanan: Sr Advocates Sanjay Parikh, Meenakshi Arora, MN Rao is here

CJI: So Mr Rao will lead the matter

CJI: What we propose is the questions that will arise will get some time extra for each party and then half a day for rejoinder and then 3 days in the first week and 2 days in the second week. So we begin the matter next Tuesday. You have to keep the sequence in mind #ews

CJI: Please do not repeat submissions, Of course you can say it is a different perspective that is the beauty of being a counsel. But please do not repeat the submissions #EWS

CJI: Since the iron is hot, finalise the questions today itself and refer to it as the base document for the case #EWS

CJI to Sr Adv Gopal Sankaranarayanan: Please formulate on the agreed questions, Give it to us on September 8, we will assemble that day. We will re formulate if need be and then we will refer to only these questions on September 13 for the #EWS case

CJI: Please complete this exercise by Thursday and we will peruse the questions of law then

Sr Adv Mahesh Jethmalani: Let the questions be given to intervening states too

CJI: Yes yes everyone will get the chance.

#EWS

CJI: Some suggested issues prepared by Sr Adv Gopal Sankaranarayanan has been placed before us. In our view let the issued be placed before all the counsels in the EWS case and thereafter the crystallised version be placed before us on Thursday. #EWS

CJI: Mr Farasat and Mr Kanu Agarwal who are nodal advocates submitted that 18 hours will be taken for the matter. Sr Adv Singh appearing for Assam and Mr Jethmalani for MP submits that intervention by states have been preferred and states will also make submissions. #EWS

CJI: The nodal council can consider accommodating such states who preferred intervention applications. Any states seeking to appear will be provided adequate opportunity. #EWS

CJI: Before we begin hearing the main matter, we will again list this matter for directions so the hearing part is conducted smoothly and effectively. List the case again for directions on September 8 #EWS