But you have been on both sides of the reservation debate. In 1992, you argued in the Mandal I case (Indra Sawhney vs Union of India) on behalf of the Other Backward Classes (OBCs). In 2007, in the Mandal II case (Ashoka Kumar Thakur vs Union of India), you argued on behalf of the All India Equality Forum, one of the petitioners who challenged the central government's move to introduce reservation for SC/STs and OBCs in admission to educational institutions. What transpired between 1992 and 2007 to warrant this change?
In 1992, I took the view that the SCs, STs and OBCs need empowerment in state services. Just few weeks ago, I argued a case in favour of the SC and STs on representation in Jharkhand in the panchayats in the tribal region. No inconsistencies so far.
The reason why I argued the cases in between is because reservations were becoming excessive. The quality of administration was being affected. I have never argued that there should be no reservation. I have never argued that there should not be quotas according to the demographic framework. What I have argued is you can't have reservations in engineering services running up to 90 percent, which is what I saw in the Punjab cases and I changed my emphasis. The emphasis was reservation, yes! But there is a discipline that goes with it. And the discipline is: 1) Compelling necessity. 2) Creamy layer. 3) 50 percent and 4) reasonableness.
These parameters are absolutely necessary if you are going to address the question of equality and get the reservation debate away from the vote bank.
There is a crisis of integrity confronting the Indian judiciary. The common man today looks at the police and courts not as a solution to his problems, but as part of the problem to be avoided.
As a lawyer once said, the process is a punishment. How can we make it less of a punishment is the answer we seek. How do you empower women, SCs, tribals, Dalits, to say fear not? It's difficult. In America, it's the law centres that have emboldened a large number of people. For the blacks, it was the National Association for the Advancement of Coloured People which suddenly became such a tremendous institution.
Therefore, I think, fear is there wherever there are processes; wherever the power structure is asymmetrical. But the purpose of NGOs and activism is to somehow balance out that fear and make the institutions effective. I don't think we are going to succeed today, tomorrow or day after. It's going to take some time.
Image: Mumbai police arrest an under-graduate student protesting against reservations on July 3.
Photograph: Pal Pillai/AFP/Getty Images
Also read: 'We have to select our judges carefully'
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