EWS Quota Case-Supreme Court Hearing-Day 7 - Live Updates

Gopal: The Constitution is always at the level of criteria, not on level of human beings. It gives broad criteria. 

Gopal: for eg, in 16(4) you have to be Backward. So you cannot use that criteria in 15(4), but you can use poverty.

Gopal: Socially and educationally forward reservations are converting class into caste. So we take a constitutionalist approach.

Gopal: This is like a yellow star that Nazis gave to Jews. That you stick it on you and wherever you go you can be identified. The status of SC/ST are only relevant when claiming benefits. If you're not claiming, you're a human, not a yellow star.

Gopal: There are three ways forward- one to strike, one to keep it. Third way is also there. This amendment is here in two versions- constitutional version and forward class version.

Gopal: These three provisions- compartmentalization, the quality of forwardness as a pre requisite and the letting loose reservation in the society as a benign welfare activity - these parts violently oppose the basic structure.

Gopal: What is the underlying principle of 15(6)? That those who are poor and socially and educationally forward must get reservations. This underlying principle is not an established principle in constitutional law. And it's in violent violation of equality.

Gopal: Justice Kapadia says that principle must already be a part of the Constitution.

Gopal: Unless a principle first becomes part of the law, it cannot even be non essential feature.

Gopal: Justice Kapadia says that it's a car, and the feature of the car is radio etc. Some features are essential like the steering wheel but radio isn't necessary.