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

Kakade: Next submission is on equating unequals. (Quotes representation by Jitendra Singh in Parliament) 

Kakade: Financial incapacity needs to be established some how. As observed in Sawhney and Nagaraj, there needs to be an in-depth analysis of backwardness. 

Kakade: Weaker sections cannot be given the widest possible meaning. Because then Hindu forward classes will exploit and eat up the remaining 50% of the lower categories.

Kakade: By the objects and reasons, it negates everything. they are touching upon ejusdem generis. They're widening the meaning and scope of Art 46 where they're keeping aside SC/STs and bring in EWS along with it which was never the idea of Art 46.

Kakade: On right to equality, when we are adopting something, we shouldn't exclude because it'll negate the intention of having them in the Constitution.

Kakade: Article 15(4) and (5) have two conditions - social and educational backwardness. 16 has two too- backwardness and adequate representation. This amendment, picks from both- educational backwardness and backwardness and leaves other two.

Adv. Akash Kakade (for petitioners): I start with Edmund Burke said- "Constitution will change with time". My arguments will be on whether 103rd amendment affects the basic structure.

Bombarde concludes by saying "breaching equality code will be fraud on constitution."

Bombarde: There is a negation of merit which will come my lord.

CJI: That is Champakam Dorairajan.

Bombarde: Yes. And i borrow what was said by Prof Kumar on inclusion of ejusdem generis in Art 46.

Bombarde: The equality of opportunity will also affect SC/STs choice of fighting in the open category. [refers Saurav Yadav v. State of U.P.] - This judgement says- "Open category is open to all."

CJI: That is exactly what Dr. Raju said too.