Parikh quotes Dr. Ambedkar from CAD and highlights the reason behind the use of word Backward and the significance of using the word backward in the clause.
Parikh [continues quoting from CAD]: "State services give an opportunity to serve the country and that opportunity should be extended to all backward classes too..."
Parikh [while quoting] : "I cannot imagine when there is any backward class in India which does not include SC/ST"
Sr. Adv. Parikh quotes from the Constitution Assembly Debates.
Parikh: If we bring in any other criteria, we violate equality code and democratic structure. Let's see debate. In atleast two judgements - Maratha judgement, Indira Sawhney and Nagaraj, constitution debate has been quoted to say that this is how equality code is interpreted.
Parikh: Thus it's not just violation of equality code but also violation of democracy which is basic feature of constitution. Reservation was by virtue of targeting those who suffered historic injustice.
Parikh: Third, participation- which would be ensured as per constitution makers. Sharing of power also came out. The entire emphasis that there should be adequate representation of backward people, the idea was that they must come in main light and share state power.
Parikh: Four things come up. One is they have to be provided equal opportunity under 16(1). [Quotes Thomas judgement]
Two was criteria which was social backwardness. Doesn't even talk of educational backwardness, but social because of humiliation they suffered
Parikh: They concentrated on certain things such as untouchability. They said these are the people who require benefits in terms of reservation in public employment. Because they wanted them to share the state power.
Parikh: Now if you look at 16(1), it says that there should be equality of opportunity. The constitution makers have debated and in debate it came out what should be the way in which we remove such equality. Poverty came up.