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

Chauhan: In Indira Sawhney, it was found that there could be classification but based on intelligible differentia and rational nexus. Economic criteria has neither. Because if I'm placed at high position and my brother is a farmer in village, if I'm SC/ST, then...

Chauhan: Our society has numerous discriminations but all those have basis in caste. In caste hierarchy, there are conflicts. But main crux of Constitution is that we have to provide equal opportunity.

Chauhan: Effective representation is possible only by devising some mechanism. Suppose there is discrimination on economic basis, you can have this. But in society discrimination is not on economic conditions, but social conditions.

Chauhan: If we give representation on economic criteria, it's artificial. Economic criteria is a temporary thing- today i might be poor but if I win lottery my situation will change. But backward classes have been historically excluded and that's why 16(4) was added.

Chauhan: Reservation solely on ground of Economic criteria is not permissible- this court has found. Facet of democracy will be destroyed by this because democracy needs to be representation.

Chauhan [refers to Justice Subbarao's dissenting opinion on Devadasan Judgement, 1964]:

This dissenting opinion became principle in Thomas judgement, where they found classification was permissible and we have to see if economic criteria is possible in 16(1).

CJI: This has been the tenure of submissions of everyone. We would like some extra inputs.

Chauhan: Yes. So as far as principle of equality, Ambedkar has taken the view that reservations should not exceed 50%.

Chauhan: "Although theoretically it is good to have principle that there shall be equality of opportunity, there has to be a position for entry of certain communities that have been kept out"- this is the purpose 

Chauhan refers to Constitution Assembly Debates.

Chauhan: The Constitution has constituted India in sovereign, socialist, democratic, secularist republic. Originally, it was just sovereign, democratic republic. If we see the history of Constitution, prior to incorporation of these words, socialistic activities were carried out.