Supreme Court Live Updates - SC/ST Reservation Subclassification : 7-Judge Bench Hearing [Day 2]

addressing the previous question of Justice Nath from Yesterday on shouldn't those who have taken the benefit of reservations now be removed from the list , Gopal S : that is not the call for the state to take as they don't have the power that is for the president to do . 

Gopal S refers to judgment on the issue of Intersectionality

Gopal S : each of these communities have lived experiences which are different from each other .

Gopal S : the parameter which is required to be applied to SC/STs wrt 15 and 16 is historic untouchability. Becuase there has been a general sense that social and educational backwardness is the determinant of SC/ST. that's not true, for being an SC/ST it is about historical backwardness and its constitutional attornment for the discrimination, so determining who an SC is ( as per decision in Mary Chandrashekhar para 9 ) it says that it is the historic untouchability that is for the determination of SCs , social and educational backwardness define in 366 article, came in by way of amendment after the Indra sahwney judgement 

Gopal S now takes the bench to Govt Of India Act of 1935

Gopal S : 1. historical context is important for identifying SC/ST; 2. constitution and its approach to SC/STs ; 3. editorial mistake in KN Thomas of Their/ there by the SCC

Gopal S refers to the census report of 1891

Gopal S explain how the various "depressed classes" within rajputs and jatts were called tribes. This is how they are today called as SCs too

Gopal S refers to concept of primitive tribes mentioned in the census report of 1931 - the term shifted from depressed to Scheduled caste/ untouchables

Sibal concludes. Sr Adv Gopal Sankarnarayanan makes his submissions

Sibal takes the bench through his written submissions

Sibal refers to various Acts passed in light of Article 341 and Article 16(4) for creating state wise reservations

CJI : we must recognise that the constitution in not prescribing qualifications with regards property, education, gender it was an article of faith and a very visionary provision. Ours was the first constitution which did not make the right to hold elections or contest elections conditional on gender, property etc

Sibal : I agree, I'm on something different, this class of people, if you do not empower them under 15 you are not gonna get representation under 16.

CJI: in that sense, you said they share a symbiotic relationship , because unless you create a foundation for employment, you will not get employment. You need a workforce for that

Sibal now takes the bench 16(4) and 16(4)(a) - former doesn't mention SC/ST but the later does - so 16(4)(a) is an answer that 16(4) does include SC/STs 

Gavai mentions how during the Poona Pact negotiations, Ambedkar wanted reserved seat and electoral seats , which was later reversed. Ultimately Gandhiji went on hunger strike