Jethmalani: The content of the expression 'equality by law' takes within its sweep, Article 46.
Jethmalani: The primary aim of employment is livelihood. But that's not what the judgement says- it says public employment is for public service.
Jethmalani: Yes it's the first time.
J Bhat: What is the example of 16(1) as existing which is not economic?
Jethmalani: For handicapped but that's including economic.
J Bhat: 16(1) is the only one which can uphold disability and then there is horizontal reservations for women. Economic one is for the first time.
Jethmalani continues reading from the Indra Sawhney judgement.
Jethmalani: This finding will answer the third question on exclusion of backward classes from 10%. Because 16(4) is exhaustive of backward classes.
Jethmalani: Please see what the court said about Article 16(1) in Indra Sawhney judgement.
Jethmalani: The court could have said that this is outside terms of Mandal Commission but they went a step forward and struck down para 2.
Jethmalani: Everything depends on the context.
Jethmalani: This is the historic context for Indra Sawhney. The first OM was opposed. Then the second OM came, which was an appeal to the forward class which had protested.