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

Kapur: Even for reservations there is a full mechanism which is provided under 340. This was done by Sinoh Commission too. There's a whole structure of how reservation is given.

Bhat J: As Dr. Gopal said, some forward classes become backward.

These kind of observations are too wide.

Kapur: Once they become backward, they can come under OBC.

Kapur: Govt jobs are not to put money in pockets. There are other ways to give money- subsidies etc. Govt jobs are to become a part of the government. Which is what Nagaraj says too.

Kapur: There is limited scope to add a category of reservations. Reservations are to give representation to depressed classes. This forms the foundation of the Constitution. If the foundation is taken away, you're violating the basic structure.

That's why I rely on Keshavananda.

Kapur: It was for historical reasons that the right to equality has equality before law, equal protection of law and equality of opportunity. And then there were additional non discrimination clauses because these classes needed protection.

Kapur refers to speech made by K.M. Munshi on backward classes.

Kapur: This is our present 15 and 16- reservation for SCs and STs was in the context of representation to neutralize the oppression faced by them. Poverty alleviation has nothing to do with this .

Kapur continues reading from Dr. Ambedkar's book on history of reservations in India .

Kapur: "In 1919, draft constitution was released and this had nothing but token reservations were given.

..Simon commission then recommended reservations..."

Kapur refers to a book by Dr. B.R. Ambedkar on the history of Article 16.