Gopal: [Reads from S.S. Bhola judgment]
They know they cannot make law as decided in Indira Sawhney and that is still good law. But they still do it, therefore, it is a fraud on the constitution.
Gopal: We want the most effective person to represent us. We have to move very carefully.
Gopal: This is a fraud on constitution. [Quotes M.R. Balaji judgment] - "If executive action is covert or latent, the said action is struck down as being fraud..."
Gopal: Reservation in India is anti-monopoly and anti-oligarchy.
Gopal: 103rd amendment helps to fuse the oligarchy with democracy. Privilege classes merely see reservation as economic upliftment...This is like we get a seat in UNSC but they say only the poorest person must come here, no second gen or creamy layer.
Gopal: This denial of equal rights and opportunities to backward classes will change the identity of the constitution in the minds of people and it will be seen as an instrument which protects privilege.
Gopal: Quotes Ambedkar "I belong that class of patriots which seeks to destroy monopoly"- This translated into art 16.
Gopal: The backward classes are being denied their 16(1) rights.
Gopal: i found no justification in debates except for financial capacity was found. Exclusion of backward classes is illegal. You tell the poorer person that you're not entitled because you're from a lower caste. This is happening on ground.
Gopal: It's like a race, person on outer circle is placed 20 metres ahead. If you move the person from inner circle ahead, you'll nullify the scheme that the race will be a fair race.
Gopal: This shows the width of the amendment is massive. Second, provision of reservation to forward classes without any compelling reason is violation of principle of equality. Very little debate took place in Lok Sabha and Rajya Sabha.
Gopal: Now I move to specific violation of basic structure. First point, provision for EWS nuliffies the basic structure. It says that the benefits given to socially backward classes are not available to forward classes. They're taking the benefits and extending to forward class
Gopal: In the constitution, reservation, except 103, has been exclusively used only as a tool of representation. This illegal act has been done through the back door.
Gopal: EWS is given to individuals and families. This is very important. Ultimately constitution is a document that protects minorities- in a larger sense of the word, those who are weak. And 103 amendment skews us away from that and looks at families and individuals.
Gopal: There is already provisions for poor because of structural reasons, not because they lost a bet or had bad luck in market, but those who are structurally affected. That should be blocked. Our aim should be not to give reservation unless it's for representation.