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

G.S: Those were the only ones. For education etc, reservations came later. 104rd amendment increased it to 80 years for SCs/STs

G.S.: There have been two or three attempts to undo Indira Sawhney.

When the constitution was framed, only actual reservation was for SCs and STs in parliament, RS and LS. Separately, small portion for Anglo Indians.

G.S.: Third, the effort to undo final judgements- every single time those steps have been taken, challenges have come. In my view, Indira Sawhney judgement is no longer relevant because once a constitutional amendment undoes the judgement, we go forward from there.

G.S.: Idea is that when you framed three issues which dealt with basic structure, the task of petitioners is to tell you what it is which is being violated, second that what is being violated is part of basic structure.

Bhat J: Quantum is not mentioned.

G.S.: When Maximum quantum, it is mentioned not because of data analysis but because the constitution recognises that there will be a ceiling limit. 

Bhat J: If you go by a liberal interpretation, that should not come from court. It should be that which exists at the time of reckoning.

G.S.: What they've told is that you can trigger the EWS reservation, it brings an enabling provision.

Bhat J: You're taking this as permanent thing...Within one sentence, you could have different shades of it.

G.S.: So far in these amendments, the power has been exercised in a manner where they say that you can have protection but in addition to this 10%

G.S.: My first caveat is that this gives the existing reservations a permanent foothold which was not the intention of constitution.

G.S.: "in addition to the existing reservation" in 15(6)- These six words breach the basic structure, and need to be severed.

G.S.: [Reads 15(6)]- highlights the word "other than". So the analogy of CJ in other than cannot come because it is used in 77 clauses including this one