Biju: We must be very careful because a section of a protected category have misunderstood this and they've been misguided, being told that their rights are being taken away.
Biju: According to Keshvananda Bharti and the subsequent judgements, the foundation, the pillars of basic structure is democratic, economic and this is completely followed in passing this amendment. And they have nothing to do with other articles.
Biju: We must be very careful because a section of a protected category have misunderstood this and they've been misguided, being told that their rights are being taken away.
Biju: You come out of the SC compartment and then you can be in EWS.
Biju refers to Sindhu Commission report, Mandal Commission Report.
Biju: I am saying about poor pujari who are getting up at 3 am- they're not a vote bank. These non-vote back people are now having any power. They're being denied rights.
Biju: Para 800 of Indra Sawhney says- "For any type of people that are suffering, we can reserve..."
Here, it was discussed how you are perpetually poor. I have highlighted- "However, respondent is not against any reservation". We're not saying that.
Biju: This is democratically passed.
CJI: Nobody has seriously questioned if this was democratically passed.
Biju refers to his written submissions: This is argued as if somebody touched 15(4), 16(4)- they're a separate compartment. Therefore, I go to Keshvananda - what is the foundation? Democratic, socialist, republic - Equality of opportunity.
Biju: The foundation of the Act is the ground reality. The objects and reasons have been gone into. I also recollect Justice Sabharwal's speech in his retirement...
Biju: Balaji onwards- Ashok Thakur, Indira Sawhney- they've all said that poverty should be the basis for reservations.
Adv VK Biju: The other side says as if somebody touched 15(4),16(4)- someone took away their rights. Actually, they included. Like Venugopal said- there are compartments. SC,ST,OBC- they're all compartments.