EWS Reservation- Supreme Court Constitution Bench Hearing DAY 2- LIVE UPDATES
J Bhat: Economic criteria is basis for classification. It's non enumeration in 15 means perhaps that it is permissible.
Kumar: Whatever is permissible was provided for. If EWS were to be given, what can a poor man be given? Can he be given a birth in cabinet? That's not a remedy.
J Bhat: What you're saying is that govt frames policies which are rested on economic basis. Who can be the recipient? Only those with certain income level. That classification is recognised by court. Come to commercial field, you cannot have more than certain turnover.
Kumar: Where is the mention of economic depravity? It is not a ground of discrimination. It's an impermissible exercise to put economic criteria in 15(1) and then introduce a bridge by way of 15(6).
Kumar: Let me refer to grounds of prohibition against discrimination. [Reads Article 15(1)] Grounds prohibited are religion, caste, sex, place of birth...In respect of every ground constitution has provided a bridge.
Kumar: It is an authority to follow the principles enumerated in constitution, honor the principle of equal opportunity, construct bridges under the constitution.
This says we need to amend the constitution, that's what Art 46 mandates. This is unwarranted and unconstitutional.
Kumar: "However EWS were not elevated..."
So it is their case that it is to fulfill the State's obligations under Art 46 that they're amending. With great respect, Art 46 does not give license to destroy the constitution.
Kumar: DPSPs contend in art 46 that state shall come out with special care for weaker sections and in particular SCs and STs and shall protect them...
This is the statement where they invoke article 46. All DPSPs are bridges to eliminate inequalities caused by discrimination
Kumar continues reading the Statement of Object: "The benefits of 15(3) and 16(4) are general..." This statement is a sweeping statement.
Kumar: "At present, the EWS have remained excluding from attending higher education and public employment on account of their financial capacity to compete with persons who are economically privileged." This is a legislative judgement saying this.
Kumar refers to the Statement of Objects and Reasons of the 103rd Amendment.