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

Chauhan: Art 15(4) came later. My lords had asked if women would come under that. In the Hindu system, women were always considered inferior. I don't want to go into that. 

Chauhan: This court in Keshavananda Bharti v State of Kerala held that the power to amend does not give power to alter basic structure. My concern is change in identity.

CJI: What exactly is identity? Is it really part of identity and if it's shattered?

Dr. Chauhan quotes Dr. Ambedkar.

Sr. Adv. Dr. K.S. Chauhan (for petitioners): The Indian Constitution has constituted India with certain principles. Dr. Ambedkar has thought of a society which is moving forward. This amendment stalls that process of change.

Wilson: That 10% also matters a lot when equality is concerned.

Wilson concludes.

Wilson: The comparision table whether it was a minority judgement...in Indira Sawhney...

CJI: On that, both Justice Jeevan Reddy and Sahai have spoken. That's the majority.

Wilson: To sum up, equality that our forefathers thought of has been destroyed.

Wilson: [Refers to Nagaraj] One need not wait for potential threat. This court has held that

CJI: That is all well settled.

Wilson: You asked me yesterday on Indira Sawhney case...

CJI: Whether it violates any postulates of basic structure. Elevate the matter to that level.

Wilson: It violates equality code- 14,15,16. It keeps out poor SC/ST/OBC. It reduces opportunity.

Wilson: Explanation breaches 'guided power'. Nagaraj is squarely applicable.

J Bhat: Delegation is impermissible?

Wilson: [Refers to Nagaraj]

J Bhat: Let's take this argument forward. So then govt only has to set up another commission. Is that satisfactory?

J Bhat: Rise above those judgement which dealt with executive action Nagaraj kind of violation, if you have something to say on that, that's relevant.