Social upliftment not only about reservation, says Supreme Court, Kapil sibal argues Court to let case decide

In the hearings of ESPC case SC  on Monday “affirmative action is not limited to reservation only “ There are some other aspects to be noted of  to uplift the communities.

A five judge Constitution bench was hearing the case of reservation for educationally and socially backward classes. For which Maharashtra Govt and other state Governments had introduced 10%reservation in spite of 50% prescribed in Indira Sawhney case judgement, 1992 .

Monday was day 6 of argument during the hearing, Justice Ravindra Bhatt  asked advocate Kapil Sibal, who is representing the Jharkhand Government, Why the states were using reservation as only way of upliftment of backward classes. Also Justice Bhatt said “ Why not education be enhanced and make available to everyone by establishing  more institution? “.Senior Lawyer  also said in the hearing that “ It  shall be let upto the state Government to regulate the reservation to uplift  socially and educationally backward classes”.

Sibel said that “ Unless the statistics are provided it is typical to Court to calculate percentage”. Lawyers also asserted various reports, ministry of Social Justice regarding poverty in India is one among them.

According to the data revealed by Sibel, the income in rural areas is ₹356per head per month and ₹556 per head per month, huge population of India is still lying under the poverty line

Sibel also argued that “Concept of equality different from one state to other and backward classes also differ in the same sense”.

Arguments were set to continue on Tuesday.

By K. Shanmugam

A five judge Constitution bench was hearing the case of reservation for educationally and socially backward classes. For which Maharashtra Govt and other state Governments had introduced 10%reservation in spite of 50% prescribed in Indira Sawhney case judgement, 1992 .

Monday was day 6 of argument during the hearing, Justice Ravindra Bhatt  asked advocate Kapil Sibal, who is representing the Jharkhand Government, Why the states were using reservation as only way of upliftment of backward classes. Also Justice Bhatt said “ Why not education be enhanced and make available to everyone by establishing  more institution? “.Senior Lawyer  also said in the hearing that “ It  shall be let upto the state Government to regulate the reservation to uplift  socially and educationally backward classes”.

Sibel said that “ Unless the statistics are provided it is typical to Court to calculate percentage”. Lawyers also asserted various reports, ministry of Social Justice regarding poverty in India is one among them.

According to the data revealed by Sibel, the income in rural areas is ₹356per head per month and ₹556 per head per month, huge population of India is still lying under the poverty line

Sibel also argued that “Concept of equality different from one state to other and backward classes also differ in the same sense”.

Arguments were set to continue on Tuesday.

By K. Shanmugam

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