Gopal: "Class and communities that depend upon manual labour and agriculture, the women, the children of which engaged in manual labour and agriculture, castes that are identified by traditional occupations which are considered unclean..."
Gopal: they said that reservation of SEBCs is casteist reservation. I will read the criteria of including a class in SEBCs.
Dr. Mohan Gopal: I will quickly make three points and focus on methodology of determining whether there has been a violation of basic structure which I derive from Justice Kapadia in Nagaraj judgement.
Bench rises. The rejoinder of Dr. Mohan Gopal will be heard post lunch.
Kaleeswaram: The question is in the context of exclusion, whether there is discrimination.
Kaleeswaram concludes.
Kaleeswaram: If individual is the focal point, what is focal point is also basic structure. So individual violation of FR can also be basic structure.
Adv Kaleeswaram: The fundamental rights are always individualistic. Therefore, to say that SC/ST/OBCs are already given some rights can't be accepted.
[Quotes Puttaswamy judgement]
CJI: Dr. Mohan Gopal, we will give you half an hour after lunch.
Dr. Mohan Gopal: Gopal Sankaranayanan has taken half an hour of our time. But your time is far precious than ours.
Bench discusses.
Chauhan: The deprivation is not on basis of economic conditions.
Chauhan concludes.