EWS Quota Case Hearing Day 5 - Live Updates From Supreme Court

CJI: We just want a wider statistics - what is the effect of this kind of amendment.

J Bhat: What is the criteria of EWS in MP?

Jethmalani: We will get back on that.

CJI: Has Madhya Pradesh adopted it?

Jethmalani: Yes

CJI: What has been the experience?

Jethmalani: I'll take instructions on that.

Jethmalani: This is one solution, well intentioned. And not drastically, if at all, violates basic feature of the constitution. It's working may turn out to be counter productive but then it can be struck down.

Jethmalani: There are Muslims and Christians who do not fall under any caste- they are a casteless community. They too will get it.

Jethmalani: Trying to improve equity between a very rich class of a country and a low middle class is an advancement of the basic feature of constitution.

Jethmalani: Is it a fraud on the constitution as the other side suggested? Your lordships may even say it's misconceived but is it a fraud? 

Jethmalani refers to Minerva Mills judgement.

Jethmalani: If trying to achieve a balance between FRs and DPSPs is a basic feature and the very objects of the 103rd amendment seek to do that...

Jethmalani: Somebody will always be left out. There were forward class Poors who didn't get any slice of the cake because of their financial capacity.

Jethmalani: Is it so detrimental to the constitution and its identity that you can't tweak the 10% to reduce the disparity between the non reserved category? Ultimately that's what it boils down to.