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

J Bhat: Give one example of one place where area restriction is placed. It would give us an idea...

CJI: You recollect that Committee in Justice Barucha...Palghat or something, coming from Malabar were alone considered to be backward.

J Bhat: Even in OBC list you have that

Kumar: Some castes have been struck out. So approx 60% of population of the country is identified as a backward class for purposes of 15(4) and 16.

Kumar: New castes and tribes have found entry. Area restrictions have been included. In the process from '93 till now, 30 years, so many changes have taken place.

Kumar: Why I'm saying this is because after the direction of this court, the national and all state commission have gotten complaints of under inclusion in list of SEBCs as a result of which series of changes in the list of backward classes. 

Kumar: National commission was also constituted. Now the commission has been given a constitutional status and backward classes commission is put on par with National Commission for SCs under 338 and National Commission for STs under 338(a)

Kumar: Mandal commission classifies 52% as SEBCs. A nine judge bench directed Commission in each state saying that identification of backward classes is not a one time measure and there should be a review every ten years. 

Bench takes a ten minute break.

Kumar: They calculated growth of each caste to 1987. They classified 52% of Indian population as SEBCs.

Kumar: So the last census we have is of 1931 where caste details were collected. 1941 cannot be relied upon and 1951, it was deleted. Mandal made an interesting exercise - commission fell back on 1931 and gave a report in 1980. 

Kumar: It was recommended that caste should be included and census without it will only result in a headcount like a shepherd counting sheep. This problem was faced by the Economic Committee constituted by GOI- they said we can't conduct.