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

Bench discusses.

Farasat: "The judgement in Keshavmadhav Menon held that spirit of Constitution had to be gathered..."

Farasat: "The spirit of the Constitution shall not be lost in grammar..." This same principle is also fleshed out in concurrent view of Justice Chandrachud.

Farasat: In that context, I refer to Govt of NCT Delhi v. UOI (2018 8 SCC). I'm gonna read CJ Mishra's opinion. This is the conclusion.

Farasat: McMillan thesaurus has the phrase "other than" and synonyms are "in addition". So it is a possible meaning. The literal rule of interpretation is not the primary rule. Purpose is the primary rule.

Farasat: Second submission- [refers to 16(6)]- it has two meanings.

[highlights the words "in addition"]

CJI: If it was only other, it could also be in addition.

J Bhat: If you're able to leave down exclusion you can do it, then 50% has to be given away.

Farasat: On that, I think, personally, 50% is not a rule part of basic structure. It can be exceeded, till the time it advances substantive equality.

Farasat: Exclusion violates formal equality and substantive equality and that's how equality code falls.

Farasat: Yes, it has to advance substantive equality.

J Bhat: which means you'll only advance those parts who have been unrepresentated

Farasat: alternatively, who aren't SEBCs but are EWS can also be target. But exclusion of those poorer, doesn't advance substantive equality.

Farasat: Exclusion on basis of caste- straight away breaches formal equality.

J Bhat: Which facet? Are Art 15(1) and 16(1) part of basic structure? Are you saying that the idea that there cannot be discrimination, basic structure and the only exception is affirmative action?