• UGI USER
  • Feb 10, 2024
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“PREFERENTIAL TREATMENT OF MOST BACKWARD IS NOT TINKERING WITH PRESIDENTIAL LIST: SC “

Why in the news:

  • Supreme Court reviewing if States can grant preferential reservation benefits to particularly backward groups within Scheduled Castes without infringing on Parliament’s authority over the Presidential list (Articles 341 and 342).

 About preferential allotment of backward class:

  • States’ decisions for preferential allotment won’t undermine Parliament’s power to include/exclude Scheduled Castes or Tribes from the list.
  • Court emphasizes flexibility in recognizing discrimination levels within SC/ST categories, allowing preferential benefits for the “untouchables among the untouchables.”
  • Justice B.R. Gavai queries if preferential distribution breaches Article 341, tinkering with the list.
  • Constitution Bench, led by Chief Justice D.Y. Chandrachud, delves into sub-classification within SCs for enhanced quota benefits.
Source: VakilSearch
About The Other Backward Class (OBC) classification in India

·   India’s OBC category comprises socially and educationally disadvantaged groups, entitled to 27% reservations in public employment and higher education.

·   The OBC list undergoes updates considering social, educational, and economic factors.

·    Article 340 of the Indian Constitution directs government intervention for OBC welfare.

·   A 1992 Supreme Court decision mandated 27% reservation in civil service positions for OBCs.

Before reservations, OBCs experienced socio-economic disparities, occasionally causing tensions with Scheduled Castes