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

Kumar: This is a militant violation of basic structure of the Constitution.

Kumar: Backward classes have to answer so many tests. If they're living in good houses, not kacha houses, they're not excluded. But if their caste are included, they're excluded. Such is the arbitrariness 

Kumar: Such is the rigorous and scientific criteria. Come to the explanation of Article 15(6). [Reads explanation] "EWS shall be such as notified by state on basis of family income and other indicators of economic disadvantage."

Kumar refers to another paragraph from Indira Sawhney judgement on statistics on average of classes in different areas.

Kumar: Abolishment of princely states- all princes became paupers. Will you admit them? They had no income and more taxes to pay.

CJI: Very well, anything else?

Kumar: When will you exclude a poor man from the list of EWS. Soon after land reforms were introduced in Karnataka, all landlords lost their lands and became poor. Will you admit them as poor?

Kumar: This is 16(1)- you can't classify. What was said in Thomas that a special provision for SC under 16(1) cannot apply! This cannot be basis for classification.

Kumar: What nexus can be there between poverty and providing jobs? So it fails the twin test of rationality and nexus.

Kumar [continues from Indira Sawhney judgement] : "Former is in realm of justice and latter is equal protection to which everyone is entitled..."

Kumar [continues reading Justice Sahai's opinion]: "All grounds of discrimination were to arrest the increase of inequality. All measures were to bridge the gap thus created...same cannot be said for rich and poor." This statement cuts the roots of amendment's validity.