EWS Reservation- Supreme Court Constitution Bench Hearing DAY 3- LIVE UPDATES

Farasat: The introduction of this new thing violates basic structure. 

Adv Shardan Farasat (for petitioners): In effect what has been argued is that reservations, the original understanding, solely anti discrimination basis it was granted for. And it cannot be granted as anti deprivation. That is the basic structure.

Singh: In our country, 70% are not so well, then granting EWS is violative of basic structure. In alternative, EWS should be given to BPL category because we have data on that.

Singh: [Reads Art 9(3)] Only backward class was added. Condition precedent to reservation is "discrimination". The most fundamental requirement for any protective reservation is discrimination.

CJI: Thank you sir.

Singh: It also refers to Art 9 of the original constitution it defines backward classes. 

Singh: Equality of status of opportunity shall be maintained.

Singh: That is sacrosanct. (Reads from Jayshree Patil, para 389) "If there be any unamendable features of Constitution... equality shall be secured to all citizens" 

[Singh refers to Jayshree Patil]

CJI: Input yesterday was 340, 341, 342- these emanate from constitution itself. That determination is something to be gone into.

CJI: That is also on adequacy of representation. The constitutional mandate is that if you're not adequately represented... You cannot elevate it as a constitutional principle. It is good research but it must take us somewhere.