The Supreme Court has given a big decision regarding reservation and has overturned the decision of 5 judges given in the EV Chinnaiya case in 2004. In that decision given in 2004, the Supreme Court had said that sub-categories cannot be created among SC/ST tribes. Now the Constitution Bench of 7 judges of the Supreme Court has given a majority decision that the state government can create all those categories among the Scheduled Castes and Scheduled Tribes (categories which will get the benefit of more reservation).
According to the Indian Constitution, the country’s population is basically divided into four classes (General, Other Backward Classes, Scheduled Castes, Scheduled Tribes) on the basis of different castes. Now, after the Supreme Court’s decision, many classes can be created within the Scheduled Castes and Scheduled Tribes. In such a situation, the state governments will be able to give the benefit of more reservation to any one class falling under the Scheduled Castes or Scheduled Tribes.
What did the Supreme Court say?
A seven-judge bench of the Supreme Court delivered the verdict by a majority of 6-1. Apart from Justice Bela Trivedi, the other six judges held that there is nothing in Articles 15, 16 that prevents the state from sub-classifying any caste. The Supreme Court bench said that the basis of sub-classification should be based on the correct data of the state, in this case the state cannot act as per its own will. However, despite reservation, people of the lower class have difficulty in leaving their profession. Justice BR Gavai cited BR Ambedkar’s speech on the need for social democracy. Justice Gavai said that it is the duty of the state to give priority to backward communities, only a few people from the Scheduled Caste / Scheduled Tribe category are taking advantage of reservation. The ground reality cannot be denied that there are such categories within SC / ST, which have been facing oppression for centuries. The basis of sub-classification is that one group out of a larger group faces more discrimination.
You can’t compare the creamy layer to the child of a scavenger
Justice BR Gavai, in his separate but concurring judgment, said that states should also exclude the creamy layer from SC-ST classes. In support of his judgment, he said that it would be unfair to compare the children of the creamy layer (rich class) of the Scheduled Castes with the children of a Scheduled Caste person who carries scavenger in the village. Justice BR Gavai read a statement of Baba Saheb Ambedkar that – History tells us that when morality clashes with economy, economy wins.
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