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

Jethmalani: Between the haves and the have nots, just because the 50% ceiling doesn't allow them to get reservation, why should this compartment be closed for reservations? 

Jethmalani: "The harmony and balance of FRs and DPSPs is a basic feature." This amendment seeks to strike that harmony.

Jethmalani refers to the Maratha reservation judgement.

Jethmalani: Is that such an amendment that is destroying the identity of the constitution?

Jethmalani: The principle of 15(4) as per Indra Sawhney is adequate and not proportionate. So a little bit of disproportion is permissible. Historical injustices have been rectified to a large extent.

J Bhat: What is the constitution? It is a forward looking constitution. All inequalities have to vanish. We shouldn't fragment society. This is our concern. Of course the state will keep experimenting, we don't have an issue with that.

J Bhat: The question is how does it fit in the scheme of the framework of equality. We're not looking at a particular article.

Jethmalani: That is different because in election law example, there is no criteria. Over here, the government is trying to advance a criteria which they consider rational.

CJI: In election law, there could be reservations for certain wards for SCs/STs etc. Those persons can compete in general ward. But general candidates cannot compete in that ward. Can you tomorrow create a separate ward and say SC/STs can't compete in this ward

J Bhat: You're actually discriminating on basis of caste at the most basic level of education.