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

Kumar: It prohibits discrimination on enumerated grounds- religion, caste, sex. Why did the constitution prohibit discrimination? Constitution framers found that our society is uneven. It's divided on basis of religion, race, sex, caste

Kumar: Pavitra too has gotten into this in detail. These doctrines operate in different areas. First, principle of equal opportunity which should be made available to everyone, that is reinforced by many provisions in Constitution- Article 15(1)...

Kumar: This is substantive equality. First one is to ensure equal opportunity and second is to ensure that country emerges as a casteless and classless, egalitarian society.

Kumar: Article 14 has two limbs. First part is doctrine of equal opportunity. Second part is equal protection of laws. [Reads Article 14].

Kumar: all those who are rejected they have been now given the benefit of 10% reservation.

CJI: Champakam was in era when there was no 16(6). So can that be sanctioned?

Kumar: I agree. This is a prelude to show that unconstitutional exercise has been given a colour of authority.

Kumar: Every list published by every govt is a list of caste, tribe, communities who are certified as not included in list of backward classes. Mandal commission didn't recognise, states didn't. Those who are adequately represented aren't included in list.

Kumar: This ratio has stood the test of time and has been followed in Balaji, Indira Sawhney, Ashok Kumar...

[Kumar quotes from the judgement]: "...The other categories including Muslims, Anglo-Indians, shall be treated other than backward Hindus..."

Kumar: [continues quoting] "Petitioner may be far more qualified and if there were no reserved posts, he would be appointed but he cannot expect those posts reserved for others only because he is Brahmin even if he has better qualifications...communal G.O. is void"

Prof Kumar explains the reservation policy which was challenged and struck down in the Champakam Dorairajan judgement.

Kumar: In Champakam, the reservation policy of Mysore was challenged. It was struck down by Madras HC. [Refers to the HC judgment]