EWS Quota Case Hearing Day 5 - Live Updates From Supreme Court

AG refers to Ashok Kumar Thakur judgement.

AG: "The basis of caste system is displaced from the economic conditions..."

AG: Then I come to Vasanth Kumar.

[A.G. reads from Justice Desai's opinion in K.C. Vasanth Kumar v. State of Karnataka.]

AG: Yes it is Justice Gupta.

J Bhat: This is actually an extract. It seems to be an extract, what you're reading. So where is this from?

AG: This is from M.N. Thomas.

J Bhat: Which judge said this?

CJI: Appears to be Justice Gupta.

They were in the minority.

AG: Special reference to SCs and STs doesn't mean that the State has to take affirmative actions for these classes at the expense of other classes.

AG: Equality of opportunity has to be provided to all sections that are handicapped. 

AG refers to his written submissions

AG: Economic criteria can be a relevant factor for affirmative action as per Constitution.

J Bhat: Still they are communities and castes. That identity of community and caste cannot be denied. Please keep that in mind. If you pull out each state, muslim communities may also be in the list.

J Bhat: Every state has backward classes and now there are large numbers. For eg, in Bihar there are 21, converts from Dalits to Christianity are considered backward, in Gujarat 20, in MP 15-20 muslim groups.

This EWS category is who are not backward, socially and educationally.