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

Kumar: Now all backward classes commission are operating in documents. How can you determine backwardness unless you know their population- how many doctors, engineers, politicians are there? Nothing! It's all suppressed.

Kumar: 1951, the first decision they took is to delete caste from census. So we don't know how many Brahmins or bhangis are there. With great reluctance in 2011, GOI enumerated caste. But by the time the census was done. 

Kumar: ...it was done and by 1911, they had perfected it. Even today researchers, they fall back on it.

Kumar: Why? Because first census was conducted in 1872, and it was a comprehensive census operation. Every aspect- membership, family, occupation, property holding and more importantly, membership of religion, caste, race, language were all collected. '72 it was done, '81...

Kumar: How do you reach that identification? You get data, what kind of data? How do you collect? Who collects? These are important factors. Everytime reservation is challenged, the first argument is that it is based on obsolete data.

Kumar: Greatest debate in this court is on this identification. [Refers to Articles 341, 342,366]

Kumar: 22 parameters were prescribed. It's only those groups which passed this test, they earned the label of SEBCs, not all. That's the importance of Article 340. Now look at EWS, who decides this criteria for identification?

Kumar: But Ambedkar was never promoted as a kshatriya or Brahmin

He was born as an untouchable and lived as an untouchable. Therefore, when Balaji says don't go by caste, it says don't go by hierarchy.

Kumar: In this very court, Mandal case was argued, Justice Sawant said, if you say caste should be eschewed from classification, then you tell me if Ambedkar came would you have admitted to your law college? These are the realities of caste. 

Kumar: Second meaning is in the hierarchical sense. Hindu society is vertically divided in 5000 sects- if you're born in 7th floor you die there, you can't climb to 12th floor.