EWS Reservation- Supreme Court Constitution Bench Hearing DAY 2- LIVE UPDATES

Kumar: Caste has a social and a hierarchical meaning. When we say that so and so belongs to this caste, it can mean, esp in rural area what is his social status or occupation. There is used not to give the social status but to give identify of a man as a member of a class.

Kumar: It is class, not caste. Though what are enumerated are caste because they answer the points enumerated in Balaji. Two things are important: criteria of classification as backward classes. 

Kumar: On this Balaji case was decided where it was held that caste cannot be the sole criteria for identification of socially and educationally backward classes. All castes now found in backward classes list, are on basis of caste.

Kumar: This was the machinery created to identify backward classes. First commission was appointed in 1953 when the president appointed a commission under Chairman Acharya Kaka Kalelkar. He sent report in 1955. The GOI communicated the copy of report and deliberating on it.

Kumar: Constitution not only provides a road to bridge the gap but also means to bridge the gap by Article 340.

[Reads Article 340]

Kumar: The debates have been read over. I will not trouble the court. [Refers to 16(4)]

Before that let me read Article 340. Not only classes are defined, a machinery is provided to identify classes, study their problems. This is an important requirement

Kumar: The ruling class belonged to a class which had state average of 7.1. they made it 7, rounded it up, and made them backward. This was the challenge in Balaji- a fraud on constitution. The exercise of making a round up integer and making a forward community backward.

Kumar: In a case, a Backward Classes committee report classified on education average. The state average was 6.9. Those below were classified as backward. The government made an interesting exercise - what is this 6.9, we will round it up to 7.

Kumar: It is disadvantages historically. That is why such a wide ambit was given. Those belonging to other categories were found to be socially, economically and educationally advanced.

Kumar: No limit was imposed, not even a suggestion to provide reservation- any special provision - such a wide canvas! For the upliftment of these sections- SCs and STs and backward classes. Because it's not inequality created by loss of wealth or by accident but by birth.