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

Bombarde: As Dr. Ambedkar said, it's a generic principle - the equality of opportunity.

Bombarde: Identity of FR is going to be changed and that is why it's violation of basic structure.

Bombarde: Social backwardness is a cause, not consequence of their economic criteria.

Bombarde: There are 11 indicators as per Mandal commission- the third is economic and those castes who fall under 50% of those 11 indicators have been backward.

Adv. Pratik R. Bombarde (for petitioners): In addition to this chart (from Maratha reservation judgement), my argument is that the 103rd amendment has not met with the subjective satisfaction of State.

Raj concludes.

Raj: The understanding of basic feature is transforming...

CJI: We see that, that itself maybe a dynamic concept for you and may not be a static feature. But ultimately we have to see what area violates basic feature.

Raj: This amendment on account of its exclusive character fails the preference test. The preference given to a Brahmin because he's a Brahmin while rejecting SC's claim

CJI: This has already been argued.

Raj: An SC candidate's right to be considered as a general candidate on the basis of his choice is being taken away by the 103rd amendment.

Raj: Two things to be considered - one is immutability and two, it should constitute a fundamental choice. Relativity of poverty is antithetical to immutability.