EWS Reservation- Supreme Court Constitution Bench Hearing DAY 3- LIVE UPDATES
J Bhat: ...In principle this violates the basic structure because it introduces a new sect and counters it. If you go into nitty-gritties of this, that's curable. Whether introduction of this harms the identity or structure. We can't look into data, that is all gone into Pavitra
J Bhat: Administrative law principles? We're testing a constitution amendment, where we don't go to this How can we do that for a constitutional amendment. Ultimately it's only the basic structure doctrine. There are two parts to this...
Bench discusses.
Singh: "The average of GCs was Rs 685 and it was 22% higher than other categories..."
Singh: Even committee reports that condition of general categories were much better than SC/ST/OBCs. This is the second point.
Singh: Now, the conclusion drawn by the commission. [Reads from Sinho Commission report]
Singh: The commission didn't even have data to identify.
J Bhat: No independent data, based on other data.
Singh: Yes, in absence of data you cannot classify a class.
Singh: [Reads from the Sinho Commission report]
J Bhat: This is completely smudged. Can we get printed copies in Lunch
Adv. Yadav Narender Singh (for petitioners): I am on a quantifiable data- the Sinho commission report. Even that commission was of a view that EWS could not be constituted because it isn't a homogeneous mixture.
Chauhan: In Scindia judgement it was also said if under Constitution scheme a obligation is given to a wing, and that wing is not discharging the function, it's a fraud on the Constitution.