Gopal: Justice Kapadia is giving us a methodology on how to decide the constitutional validity in context of basic structure. It's a brilliant analysis.
[Reads M. Nagaraj]
Gopal: On methodology, I turn to Justice Kapadia's judgement. Please turn to para 22 of judgement in M. Nagaraj. I don't have the right Paras because i rely on Indian kanoon.
Gopal: Our union wants separate compartments. This is a violation of basic unity and harmony- fundamental violation. AG has placed before the SC that we want separate and equal. In reality it is separate and unequal.
Gopal: Reservations will be unbound. Compartmentalization exists, let's not make it worse. My mind went back to railway compartments in US were reserved for black and white.
Gopal: What 103 does is that it destroys those harnesses on reservations. It says "to uplift someone" you can use reservation unbound. If this is approved, there will be 1000s of programs in country to give assistance to various groups.
Gopal: Therefore they anchored the reservation - put chains on it. The chain was that it should only be used for representation for those who are being discriminated against.
Gopal: Second is that they way 103 amendment treats reservations. Reservation is a very dangerous instrument. Because it involves displacement and discrimination.
Since it's a dangerous instrument, Dr. Ambedkar himself said don't apply it to more than 50%
Gopal: Our problem is doors being closed. First is this pre requisite that says you must belong to a forward class- which violates basic structure.
Gopal: You have to be socially and educationally forward. There are genuine cases, I understand. I know someone who was very poor from a princely family because their father and grandfather decided to be priest but no door was closed to them by society
Gopal: Now I move to the three basic structure violations. I want to focus on inclusions. My problem with inclusion is that for the first time, being a member of the forward class, has been made prerequisite for getting government assistance.