• UGI USER
  • Aug 05, 2024
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SUPREME COURT REVISITS SUB-QUOTA RESERVATION POLICIES.

Why in the news?

The Supreme Court’s verdict on sub-quota reservations allows state-specific classifications within SC/ST categories, challenging previous homogeneity notions and sparking debates on caste-based reservation policies and representation.

source:slideshare

About SC Judgment on Sub-Quota:

  • Supreme Court’s 2024 verdict in State of Punjab vs Davinder Singh allows sub-classification within SC/ST reservations.
  • A seven-judge Constitution Bench rejected the homogeneity of SCs and STs.
  • States can now provide different reservation percentages within Dalit communities.

Key Highlights of the Judgement

  • Article 341(1): President specifies SCs for constitutional purposes.
  • Article 341(2): Only Parliament can amend the SC list.
  • Verdict: Inclusion in the Presidential list doesn’t create a uniform class.
  • Legal Fiction: Presidential list is a legal construct, not a homogenous reality.
  • Internal Differences: States can sub-classify SCs to address varying disadvantages.
  • Articles 15(4) and 16(4): Empower states to make special provisions for SCs.
  • E V Chinnaiah Case: Initially ruled against state sub-classification of SCs.
  • Recent Verdict: States can identify different degrees of backwardness within SCs and provide reservations.
  • Justice Gavai’s Emphasis: Equality of opportunity must consider varying social positions to avoid worsening inequality.

Dissenting Opinions and Historical Context:

  • Justice Bela Trivedi highlighted historical social disabilities faced by depressed classes.
  • The judgement overruled the 2005 E V Chinnainh case, which stated Dalits are a homogenous group.
  • Concerns raised that the judgement might lead to tinkering with existing reservation policies.
About Article 341 of the Indian Constitution:

  • Empowers the President to specify Scheduled Castes (SCs) in states and union territories.
  • Requires a public notification for specification.
  • Only Parliament can modify this list.
  • Ensures legislative control over SC classification.

What is a Creamy Layer?

  • Refers to affluent individuals within reserved categories (SCs/STs).
  • Excluded from certain affirmative action benefits.
  • Ensures assistance reaches those with greater socio-economic needs.

Associated Article:

https://universalinstitutions.com/revisiting-sub-quotas-supreme-courts-stance-on-scheduled-castes-sub-classification/#:~:text=Recent%20Judgment%3A%20A%20seven%2Djudge,declared%20such%20sub%2Dclassification%20impermissible.