Gopal: When we understand this background, we find this in the judgements of the SC. This revolutionary endeavour to constitute a new republic- not to transform or reform but constitute.
[Reads from S.P. Gupta judgement]
Gopal: When we turn to Article 38, it picks from preamble and gives primacy to social order. Not economic, political order but social order.
Gopal: All rule based conduct must be governed by rules of Constitution. This is an enormous challenge to take this mass republic with such diversity and internalise the standard to follow. That's the need of Constitution. It's a process to constitute India into a republic.
Gopal: Foundation of the constitution lies in the 85 words of the Preamble. The republic has been formed to secure social justice- three kinds. Justice is the standards of human world. Justice means those conducts that are eternal and long-lasting.
Gopal: Liberty, equality, fraternity, unity of the nation and five sets of political values- sovereignty, socialism, secularism, democracy- this is the framework of values which constitute justice. Social justice is values that people accept.
Gopal: We will argue in four parts. First, I will show what social justice is. Second, i will critique the character of 103rd amendment which cannot be understood on it's face, it's structure has to be looked into.
Gopal: I will then identify specific violations of basic structure and lastly, I will argue that based on judgements of this court this amendment is ultra vires of the constitution.
Adv Shadan Farasat (Nodal Counsel) : We have first placed all case laws relied by the parties. Then the constituent assembly debates, parliamentary debates and certain unreported judgements. That's the structure. It's around 2000 pages, 5 volumes.
Dr. Mohan Gopal (for petitioners): I will argue today that the 103rd amendment violates the basic structure norm of democratic government and structure for securing social order.
The Five Judge Bench Assembled
CJI: Let us see the convenience compilation. We will have the AG to begin?
Petitioner: Mr. Venugopal is on his way to the court.