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

J Bhat: One way or other, you're reiterating. There is a time limit. The only point you can concentrate is what is level of the violation which is breaching basic structure. Point is violation of FR court strikes down but it is moot whether every violation of FR by amendment...

Wilson: 15(6) is not class, but caste specific. When we take the curtain away, we see that person's standing behind are upper castes who can never been seen as educationally or socially weaker. Intention of amendment is to change identity.

Wilson: ... substantive act, they widened it. The equality clause has been violated and the basic structure has been altered because Art 14,15,16 preaches equality. There is a clear violation of equality by bringing a monetary equality which Constitution never thought of.

Wilson: [Reads Art 15(6)(a)] They're excluding (4) and (5) which weaker sections include. They have bought it in the main section. That originally was never thought when the object was made because they wanted to do something for weaker sections. But when it came to the...

Wilson: Kindly see words used in Statement of Objects and Reasons [of the 103rd Amendment] Here, the word used is 'weaker section'.

[Reads the Statement]

They want to open this to other class. Please come to Art 15(6).

J Bhat: Actually there are 7 judges and most of them have written different judgments.

CJI: 7 opinions, separate opinions. We want to know if it is a binding kind of observation?

Wilson: [reading from Thomas judgement] "The SCs and STs have earned special mention in Art 46..." This is an infiltration as 46 never thought of upper caste. With that, see the Statement of Objects and Reasons.

Wilson: Your Lordships can see they're weaker in education, socially weaker, susceptible to exploitation and economically weaker- these are four things. [Refers to Thomas Judgement]

Sr. Adv. P. Wilson: Yesterday I stated that weaker section under 46 is not the same as 15(6) and 16(6).

[Reads Art 46]

Supreme Court Constitution Bench continues hearing on the cases challenging the constitutional validity of reservation for EWS.