Gopal: In light of all this i submit that the time has come for the court to recognize in basic structure, a social justice code because it not only includes equality but also includes basic structure of democracy and also part four. These three elements should be looked from a prism..
Gopal: (reads from debates) Dr. Ambedkar said we need to safeguard the principle of equality and opportunity and satisfy the demand of communities which did not have representation so far...
Gopal: Equality was always a demand of backward classes and not the elite classes because it's them that needed equality.
Gopal: They asked for representation, not economic upliftment
Gopal: Nagappa stated that "We are the aboriginals of this country." There was fear that this would be realized or would the dominant classes push back.
(Continues reading from the constituent assembly debates on minority classes)
Gopal: The basic structure doctrine seeks to respect social justice. The more powerful needs to yield a little, be gracious and not push out. 96% of Indians earn less than 25000 Rs for a family of four. We need to yield to this 96% and be gracious.
Gopal: 72 years later we're thriving. But there was fear. 12 days after our indian independence, two dalit members made historic remarks- Shri Muniswamy Pillai stated that there is fear in the mind of Harijans and Sri Nagappa agrees and states "I want my due share"
Gopal: The basic structure doctrine seeks to respect social justice. The more powerful needs to yield a little, be gracious and not push out. 96% of Indians earn less than 25000 Rs for a family of four. We need to yield to this 96% and be gracious.
Gopal: "I come to the doctrine of fraternity which is allied with the Constitution." These are two very powerful quotation by SC which have penetrated public discourse.
Gopal (continuing reading from the judgement): "The need for fraternal concort was never needed more than now." This remark is applicable even now.
Gopal: "It is a document of social revolution"- these are the words used by this court. So this court introduced the idea that the constitution is a charter of social revolution.
Gopal: [Reads from Prithvi Raj Chauhan v. Union of India, 2020]
"It (the constitution) is more. It is also a pact between people about relationships that they guarantee to each other..."
Gopal: "It is a document of social revolution"- these are the words used by this court. So this court introduced the idea that the constitution is a charter of social revolution.