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

Farasat: How does this impact basic structure? Para 102 of Nagaraj. Equality code has two parts- formal and substantive. I cannot breach both at same time, even through a constitutional amendment.

Bench discusses.

Farasat [referring from Sinoh Commission Report]: All backward classes have a higher number in BPL. Out of 31.7 crore BPL families, this amendment seeks to address only 5.8 crore.

Kindly also see the recommendation of this Commission.

Farasat [reading from Sinoh Commission Report]: The question is exclude the backward class, for forward class poor can there be reservations? 

Farasat: I'm not saying that Upper caste poor are not beneficiaries. But by their own perception, they didn't see themselves as poor but SCs did. Poverty is linked with caste status and your own self perception.

[Farasat refers to Sinoh commission report]

Farasat: "Poor Dalits are worse off that poor Brahmins in terms of income and wealth"

J Bhat: So the rate of land owning was also included? What is the data they used?

[Farasat refers to the data- Indian Human Development Survey]

Farasat: [from his material] "In 2005, average income of poor SC was 76% of poor Brahmins and 56% of poor upper caste. In 2012, it was 73%. Thus poor Brahmins earn more."

Farasat: I say address these forward castes but the largest chunk where the poverty is massive and deeper, how can that be excluded and the equality quote not be thrashed completely?

CJI: ...as against the population ratio, advantages in terms of wealth etc, whether you're getting anything to commensurate with your population.

Farasat: Yes.

[Farasat continues reading from the Chart]

Farasat: This shows intersectionality between wealth inequality and caste. Now I will refer to a chart which shows direct comparison between upper caste poor and backward caste poor.

CJI: This chart takes into account...