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

AG: It is a duty as per M.N. Thomas. By itself if you take the 103rd amendment, a progressive state, which looks at a person's suffering and grants them reservation when state's welfare is not able to reach them, would your Lordship say that the amendment shouldn't be passed?

AG: If there is a person below poverty line and if parliament says that on basis of EWS a person gets reservation, taken in isolation, your Lordships won't intervene and say that parliament shouldn't do that. It's a far cry to say that constitution is shaken.

J Bhat: That's not our domain- to go behind figures and say whether it's right or wrong.

CJI: So suppose in a family there are 2 adults and 2 children, 4000 Rs per month. So below 4800 would be BPL. So target group in your amendment- are they the same group?

AG: It is per family, not per person.

CJI: BPL, the net is wider. 

CJI: What is below poverty line? In rupees?

J Bhat: The poorest are covered by MNREGA- 100 days of employment.

CJI: Whether your BPL quotient, is it identical?

AG: Rs. 816 per month in rural area for one person and Rs 1000 per month in urban area.

Rs 27 per day- rural area.

CJI: In mathematical numbers, 31.7 crore are poor and out of them only 5.85 are general. So only 1/6th of the total population below poverty line comprises general.

J Bhat: Out of 100 OBCs, 33.7% are poor, in STs 38.7% and in SC, 48 out of 100 are poorest. The proportion of GCs is far less.

CJI: Cumulative average of 30.8% are BPL. From the national average, only 18% GCs are poor. This is a miniscule percentage as compared to national no's.

AG: BPL of general category at 4.25 crores.

Justice Bhat: I am just pointing out of 100 general, 18.2 are the poorest. Out of 100 OBC, 38.7 are the poorest.

AG, referring to the Sinho Commission report: "...constitute 5.8 crore poor in General category. They're as poor as the OBC poor."