SG: Affirmative action - one additional class added without disturbing the existing class.
SG: "In our social and economic life, we shall continue to deny the principle of one man one value...lines have to be drawn and redrawn depending upon changes"- [Reads from a Jaishree Patil judgement]
SG: If the society changes, aspirations change, people want more, and parliament can give them more without disturbing the basic structure, it can be permissible.
SG: Equality code can suitably be legislatively touched upon if it doesn't destroy basic structure. It's an elastic concept, not static.
[Quotes Krishna Iyer J from N.M. Thomas judgement]
SG refers to Champakam Dorairajan, Balaji, Indra Sawhney, Jaishree Patil judgements to submit that Equality code is the basic structure.
SG: ...your Lordships won't intervene in it. Please see, Preamble mandates justice in these forms- economic, social, political. The amendment enhances the basic structure if Preamble is the base.
SG: The Constitution is not a static formula which can never take care of aspirations of the nation. Who decides the aspirations of nation? The parliament. So if parliament feels that without disturbing 15(4) or (5), there is youth and some affirmative action is needed...
SG: When we challenge a statutory provision, it is always permissible to say that this provision violates an Article of Constitution. But when the parliament inserts some provision of the constitution itself, the validity cannot be questioned.
SG: While analysing the basic structure, the principle guide is the preamble. Considering the preamble, the amendment not only not destroys the basic structure but it strengthens the preamble by giving justice- economic justice which is a fundamental part of preamble.
SG: Then there are judgements on economic factors being relevant, judgements on 50% not being a strict rule and sacrosanct, some findings of Sinho Commission. Petitioners submissions will be viewed only on this- whether the amendment destroys basic structure.