The anti-quota campaigners on Tuesday submitted before the Supreme Court that Dr B R Ambedkar had based his decision to accord reservation to the scheduled castes and tribes on the available census data, during his time.
Senior counsel Harish Salve argued for more than four hours before a Constitutional bench comprising Chief Justice K G Balakrishnan, Justices Arijit Pasayat, C K Thakkar, R V Raveendran and Dalveer Bhandari.
He observed, “Mr Ambedkar also wanted a periodic review of the quota system which was introduced in the Constitution, after every 10 years. ”
Lambasting the Union government for dividing society on the basis of caste, he said, “even the British rulers had adopted the policy after the 1857 uprising to divide the Hindus.”
“By adopting the divide and rule policy, the British government of India after 1857 had kept the Scheduled Castes and Tribes outside the ambit of the Hindu community,” Harish  Salve submitted.
“Before the uprising, the chasm among the castes was very narrow and there was hardly any difference,” he stated.
‘Do not implement’
Harish  Salve also pleaded for non-implementation of the 27 per cent quota for Other Backward Communities in higher educational institutions on the basis of caste system.
The senior counsel added that the Government of India should desist from tilting the balance by dividing society on the basis of caste.
“If the Union government tilts the balance by providing reservation to the citizens on the basis of caste, religion and creed, the law of equality would be contravened,” the senior counsel  contended.
The Union government had to provide reservation to the poor, irrespective of their caste, creed and religion, after conducting a survey.
Harish Salve also pointed out, “Poverty is free from race, caste, religion, gender etc.”
Due to lack of facilities and financial resources, many bright students perish in rural areas, he observed.
The arguments remained inconclusive and would continue on Wednesday.
Valid Act?
The petition has challenged the constitutional validity of the 93rd Amendment and the provision of Central Educational Institutions (Reservation in Admission) Act 2006.
The Central Educational Institutions (Reservation in Admission) Act 2006 had provided for 27 per cent reservation for Other Backward Communities(OBCs).
The petition has also challenged the Central government’s power to implementing the reservation policy without any basis.