EWS Quota Case Hearing Day 6 - Live Updates From Supreme Court

SG refers to Bhim Singh Judgement.

SG: 15(6), it's insertion- if it violates basic structure, the first exercise the petitioners should have undertaken is which is the basic structure was violated?

SG: "Exercise of constituent power may in certain cases be regarded as enhancing the basic structure, when it introduces new human rights". This amendment strengthens the basic structure by giving justice on economic principles.

SG refers to the judgement of the State of NCT Delhi v. UOI: "The basic structure doctrine postulates that there are values which are so fundamental to republic and basic human rights..."

SG: Indira Nehru Gandhi, Minerva Mill, Waman Rao, A.K. Roy, Kihoto, M Nagaraj and State NCT of Delhi v. UOI- all these judgements state that.

SG: The parliament's power to amend is a constituent power and challenging a constitutional amendment needs a high degree of threshold. Most petitioners have fallen into this fallacy. 

SG: Nature of amending the constitution is a delegated power. 

SG: We had a lawyer in Gujarat who was known for long arguments. When the court asked him how long will you argue, he said till you agree. I won't do that. I will only assist you.

SG: While testing the insertion of a new clause, reliance cannot be placed on another clause unless you say that the edifice of the Constitution goes by adding the new clause.

SG: "when the constitution is amended the validity of amendment is only tested upon whether the amendment changes the very basic structure of the constitution...it's never permitted to argue that it is different than/not completely in tune with other provisions of Constitution"