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

Chauhan: In Madhavrao Scindia v UOI, this court said that constitutional philosophy is the obligation of the executive. If a particular class is eligible for identification in a category and it's not identified as such, the constitution scheme will be destroyed

Chauhan: Come to identification of EWS.

CJI: Mr. Wilson already referred to this.

J Bhat: Prof Ravi Verma Kumar also already mentioned.

J Bhat: Constitutional Sociology perhaps has some bearing. This is by William E...I think. You can read this...

Chauhan: "Caste but not status or class degradation denotes membership in a group..."

J Bhat: We are barred from entering into that arena- what's spoken in parliament. We cannot intervene into legislature and this cannot be a ground.

CJI: If we cannot intervene, why discuss and debate?

J Bhat: we're losing our energy if we talk about that.

Chauhan: We are in a democracy, which should be based on deliberation. This bill was introduced on 7th Jan, it was passed in Lok Sabha on 8th Jan and in Rajya Sabha on 9th Jan

CJI: It is difficult to enter that arena.

CJI: We will go into all this, it's a well researched paper. But if you have any other submissions, we're waiting for that. It should be in addition to other counsels.

Chauhan: These principles have not been argued before.

J Bhat: If you could consider going to other article- class, caste and equal citizenship, read that, it would have greater relevance... constitutional sociology.

[Chauhan refers to the said article]

Chauhan: Equality code under 14,15,16 is a code in itself.

CJI: That was argued. If there is anything else, we're waiting.

Chauhan: Kindly peruse pg 19...

Chauhan: Here, jaats, Marathas, other forward hindu castes, they're also backward today because when Mandal was implemented in Mohana, Haryana, 4 SCs were burnt alive. Now they're saying we are in backward classes. 

Chauhan: ...the differentiation will be same. But if economic criteria prevails we'll be both in different places.

CJI: Tabular chart given by you needs some elaboration.

J Bhat: This is in Mandal...