Senior counsel and Constitutional expert Fali S Nariman, who appeared before the five-Judge Constitutional bench headed by Chief Justice K G Balakrishnan said, “Socially and educationally backward classes of citizens have to be identified from some readily available data. Before granting special privilege, backward classes of citizens must be identified, based on the disadvantage and adversity that they face in  society.”

He suggested that 10 factors could be considered  to gauge backwardness. He argued that “The special provision has to be reasonable, not excessive; it should be limited to a defined period – not for all time. It must not be unreasonable, excessive and extravagant.”

The 10 factors listed by Mr Nariman are-income of family, educational status of the father and mother, sex, place of birth, primary schooling, location of residence, type of accommodation, occupation or profession of the father and residence of the state. 

While quoting Article 15(1) of the Constitution, he said, “We must strive towards the ideal of a casteless society. Even after 60 years of independence, we have not fixed our goal towards a casteless and classless society.”
The arguments would continue on Thursday. The court has been hearing the issues in the petition on the constitutional validity of the 93rd amendment, the provision of Central Educational Institutions (Reservation in Admission) Act 2006, providing 27 per cent reservation for OBCs and the Centre’s power to implement the policy without basis.