Counsel: Everything changes and nothing is constant except change. Even caste birth mark is subject to change. Ofcourse there is a longer time required. For eg there is inter caste marriage, there is erasure.
CJI: That is not poverty which is permanent or not temporary, it's not poverty which will go down from generations to generations.
CJI: There is no anthropological study which shows that there are families who suffer from generations from poverty if they're not backward.
Counsel: There is, Mr..Amartya Sen writes about poverty due to famine
Counsel: So far measures to alleviate poverty are not empowering measure. This measure becomes an empowering measure to person who suffers from systematic poverty.
Counsel: I will show how that is a part internationally even in sustainable goals of 2030. This has been a goal since very beginning. This measure finally recognises the goal.
Counsel: Carrying that forward is 21A. Article 21A is with regards to free and compulsory education. Where did that right arise from? It came from Article 21, which is dignity. That's where my right also arises from.
Counsel: Even right to legal aid has been read into Art 21. At this juncture, equality has several manners in which it is affected.
Counsel: Third aspect is transformation of constitution. The values are all in context and there are numerous examples where your lordships have read it in context of time and manner in which society has progressed. For eg Sec 377, transgender rights, environment rights.
Counsel: The width includes reasonableness. It must be seen it doesn't abrogate a value which is recognised as a basic value.
Counsel: First test of Keshvananda Bharti is the identity test, that identity and soul of constitution remains. Second test is the width test. In Nagaraj, these tests have been described.