'Reservation is a tool for representation. If we find a better tool, throw it into the Arabian Sea'

Constitutional law expert and scholar Prof G Mohan Gopal on the Supreme Court verdict upholding 10% reservation for the economically weaker sections, and the need for a more diverse Bench. This session was moderated by Associate Editor Manoj CG

- Manoj CG

Manoj CG: How does the EWS (economically weaker sections) judgment alter the basic architecture of reservation in India? Were you surprised by the judgment, the three-two format it came in?

I was not surprised that the majority upheld the amendment. We were hoping to get at least one dissent. We got two dissents and that speaks volumes for the independence, openness, professional integrity and professional quality of the two judges who dissented because they certainly did not start out having a position on it. I think it has given us rich material for understanding what this judgment really is. In the very first hearing that we had, I told the court that I believe that this is not an ordinary case. It is what I would call the ADM Jabalpur of social justice. Now after the result, and reading the three majority judgments, I would say it is the Jallianwala Bagh of social justice. ADM Jabalpur in the sense that it is a judgment that this Court will regret for a long time to come and will bring it to disgrace for a long time to come. And Jallianwala Bagh in the sense that it slaughtered many principles and fundamental visions of the Constitution.

The most important victim of this judgment is the idea of reservation, which had a lot of integrity in the Constitution. The idea of representative democracy as being a fundamental pillar of democracy has been codified into the Constitution. Reservation is only a tool for representation. If we find a better tool, we'll throw reservation into the Arabian Sea.