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

J Bhat: ...In principle this violates the basic structure because it introduces a new sect and counters it. If you go into nitty-gritties of this, that's curable. Whether introduction of this harms the identity or structure. We can't look into data, that is all gone into Pavitra

J Bhat: Administrative law principles? We're testing a constitution amendment, where we don't go to this How can we do that for a constitutional amendment. Ultimately it's only the basic structure doctrine. There are two parts to this...

Bench discusses.

Singh: "The average of GCs was Rs 685 and it was 22% higher than other categories..."

Singh: Even committee reports that condition of general categories were much better than SC/ST/OBCs. This is the second point.

Singh: Now, the conclusion drawn by the commission. [Reads from Sinho Commission report]

Singh: The commission didn't even have data to identify.

J Bhat: No independent data, based on other data.

Singh: Yes, in absence of data you cannot classify a class.

Singh: [Reads from the Sinho Commission report]

J Bhat: This is completely smudged. Can we get printed copies in Lunch 

Adv. Yadav Narender Singh (for petitioners): I am on a quantifiable data- the Sinho commission report. Even that commission was of a view that EWS could not be constituted because it isn't a homogeneous mixture.

Chauhan: In Scindia judgement it was also said if under Constitution scheme a obligation is given to a wing, and that wing is not discharging the function, it's a fraud on the Constitution.