Is it not discriminatory for State to set up financial corporations for economically weaker sections of only two castes: Karnataka High Court

The Karnataka High Court on Thursday castigated the State government for its decision to confine formation of financial corporations for weaker sections to two castes alone..A Bench of Chief Justice Abhay Shreeniwas Oka and Justice Suraj Govindaraj reminded the government that economically weaker sections are not limited to just two castes. .“Is it not discriminatory that State setting up financial corporations for economically weaker sections of only two castes. Economically weaker sections are not confined to one particular caste,” the Court orally remarked. .The Court further stated that it failed to understand why out of a total of 144 castes under Economically weaker section (EWS), the State government had only chosen two castes for setting up financial corporations.“What on earth can be the justification for selecting economically weaker sections in only two castes? Economically weaker sections is there in all communities.”.These observations came after the Court was apprised that the State had set up financial corporations namely, Karnataka State Brahmin Development Board and Aryavysya Development Corporation for two castes.The Court was hearing a batch of PILs questioning the legality of corporations formed by the State, for the benefit of individual castes, communities or religions..“In your statement of objections you are saying that Aryavysya is a trading community……. No explanation has been given for the selection of EWS category in the Brahmin community only,” the Court told the State govermment. .The Court noted that the State government had not given any justification as to why other castes are excluded and no reasons for giving priority to aforementioned two castes with regard to financial corporations..Advocate General Prabhuling Navadgi, in response, referred to Dr. BR Ambedkar’s stance, who he said had believed that it is impossible to separate caste while identifying economically weaker sections..“Caste is nothing but an occupational preference,” said AG Navadgi, referring to Supreme Court judgments. He further said that no preference was given to a particular caste rather, they were chosen because they were economically weaker..He submitted that out of the 144 castes, some castes are not prevalent in Karnataka and others come under the OBC category.Further, it was also submitted that the financial corporations are catering to the need of the poor and the downtrodden..AG Navadgi also referred to various Supreme Court decisions such as D Nagaraj, Indira Sawhney v Union of India among others to substantiate his arguments..“Can you say that EWS of one caste are weaker than EWS of another caste,” asked the Court, to which the AG said that he would respond on Friday..In February, Senior Advocate Ravivarma Kumar, appearing for one of the petitioners had argued that the State government had incorporated various cast-based corporations to secure votes for the by-elections..The matter will be heard again on July 2. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.