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

Kumar: My submission is that this is to say the least, a gross misreading of Article 46. To say that you have the power to amend the constitution as if Article 46 mandates it...

Let's look at Article 46 [reads Article 46]

Bench resumes hearing.

Prof Kumar: I was reading the Statement of Object and Reasons which states that art 46 requires as a constitutional mandate a constitutional amendment.

[Reads from the Statement of Objects]

The bench will continue the hearings at 2 pm.

CJI: How long will you take thereafter?

Kumar: Another hour or so.

CJI: Try to wrap, there are people waiting.

Kumar: I'll try

CJI: We'll come back at 2 pm.

Kumar: We can come and question why did you include them in backward class? They're not backward. But here we cannot; without prescribing any criteria, anyone can be declared economically weak and they can be given 10 seats in medical college.

Kumar: Economically weaker is not a factor. The statement therein is totally wrong, not supported by any empirical data and we cannot question it in court because it's in the constitution. So it denies any judicial remedy too. Judicial remedy is a fundamental right.

Kumar: Construction of a bridge can only be to gill the gap to bring them on a level playing field, to eliminate inequalities which have created this gap, remove disadvantages which have created these premises. 

Kumar: Those who are kept out of educational institutions historically because of their caste, give them education. But these are not the people who have suffered on such factors.

Kumar: If 15(3) provision is made for women if can be challenged. This is reservation, it cannot be challenged. This is not on any foundation.

Kumar: This is a misplaced provision. You don't take a person suffering from TB to a maternity ward. If a poor man has a problem, give him money or scholarship. Open hostels for them...this legislation saying they've been kept out?