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

Kumar: Champakam case is almost in para materia. Except women didn't enjoy the non obstante clause. [Reads Article 15(4)]. please mark, it is socially and educationally, not socially and economically or economically and educationally.

Kumar: [Reads Article 15(3)] it does not say reservations or quota. It says "any special provision"- open schools, colleges, industries, train women, it's so wide, because the gap in men and women is so wide that nothing shall stop state from bringing women at level playing field

Kumar: That is the second leg of my arguments. This is the equality code. First is the doctrine of equal opportunity. You eliminate inequality. How? [Refers to Article 15(3)]

Kumar: Having done this, there is a deep, wide gap between these sections- sections vertically divided in the name of caste, sex. What do you do for that? Here, I borrow the concept in Indira Sawhney given in dissenting opinion- we have to breach the gap between these sections.

Kumar: They prevented the escalation of inequalities between the haves and the have nots. It had to prevent this aggregation, increase of instances of inequality. Therefore, this prohibition exists. They said we will not allow this.

Kumar: It wanted to halt all inequality. In his dissenting opinion, Justice Subbarao says unless you prohibit, this race is a farce, doctrine of equal opportunity will be a farce if you don't prevent this widening of this gap.

Kumar: Having said that all people have equal opportunities, why was it felt necessary to prohibit discrimination by enumerating grounds specially- caste, sex, religion? That is the beautiful concept of equality under the Constitution.

Kumar: It is to liberate entire mass of Shudras, Dalits and Adivasis that article 23 and 24 were incorporated, otherwise Right to Education under 15 or freedom of occupation under Art 19, or freedom of movement, cannot be realised.

Kumar: Everyday we're taught Ramayana and told what happened to Shambuka, Eklavya, Karna- what did they do, except being born in low caste? They were denied education. Therefore, 23 and 24 liberated them from clutches of landlords, upper castes.

Kumar: If not, why are there bonded labourers, why did they send children to work in industries? Court may take judicial note that they're all people coming from lowest strata because in India, caste decides everything - status, occupation, education level.