• UGI USER
  • Feb 08, 2024
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SC’S STAND ON RESERVATION REALLOCATION

Why in the News?

  • The Supreme Court suggests reserved category beneficiaries should vacate slots for more disadvantaged individuals.
  • Evaluating the need to review the 2004 ruling, discussions focus on Scheduled Caste homogeneity and sub-caste preferences.
  • Scrutiny extends to the Punjab Reservation Act, 2006, regarding reservations and sub-caste preferences.
Source: Law Times Journal

Constitutional and Legal Perspectives:

  • The discourse encompasses Article 341 and Parliament’s authority to modify caste classifications.
  • Emphasis lies on reservation’s transitional nature, aimed at expediting equality.
  • Concerns arise post-Jarnail Singh vs Lacchmi Narain Gupta regarding creamy layer in SCs and STs.
  • The hearing reflects on evolving reservation jurisprudence, addressing relative backwardness equitably. The hearing resumes on Wednesday.
About

Article 341

Article 341 of the Indian Constitution empowers the President to designate certain castes or tribes as Scheduled Castes (SCs) in a state or union territory. Parliament holds authority to include or exclude any caste or tribe from this list.

Punjab Reservation Act, 2006

The Punjab Reservation Act, 2006, allocates 50% reservation in public jobs to Scheduled Castes (SCs) and gives priority to Valmikis and Mazhabi Sikhs within the SC category. It faced legal challenges for its constitutionality.