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

Raju refers to V.V. Giri Judgement.

Raju refers to Indira Sawhney judgement to establish that castelessness is an ideal of the Indian Constitution.

Raju: If castelessness is an ideal of the constitution, which Indira Sawhney also held, and if this ideal goes into the basic identity of constitution, then the constitutional amendment, even if it passes the test of equality, violates basic structure.

Bench discusses.

Raju: There's only one amendment before my lords. That has already being analysed...i am just looking at other dimensions. My submission is that Castelessness is an ideal of the constitution of India.

Raju: If it is not being read down, the first point is that it's based on a caste.

J Bhat: Exclusion bit has been repeated. Do something new.

Raju: Please look from the equality angle.

Raju: There are two classifications: first between SEBCs and SEFCs and then Within the SEFCs, there is another classification. This two stage classification- is a vertical reservation inside a vertical reservation.

Raju: Kindly look into if it is affecting the dignity of an individual. Does this affect the secularism pillar to the extent that it destroys other pillars? And what about fraternity?

CJI: Concentrate on the matter.

Raju: If there's a structure, once we shift one pillar, it can be shifted without affecting other pillars, it can be shifted with affecting other pillars a little...

Dr. M.P. Raju (for petitioners): I'm not going to be arguing on equality code as it has already been argued upon. Even if the amendment stands the test of equality code being basic feature, we will pray to look at the side kicks...