Supreme Court’s big decision, paves way for more reservation for selected ST-SC castes
The Supreme Court has given a major 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 in the Scheduled Castes and Scheduled Tribes, (which categories will get the benefit of more reservation.
According to the Indian Constitution, the population of the country is basically divided into four classes (General, Other Backward Classes, Scheduled Castes, Scheduled Tribes) on the basis of different castes. Now after the decision of the Supreme Court, 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 coming under the Scheduled Caste or Scheduled Tribe.
What did the Supreme Court say?
The bench of seven judges of the Supreme Court gave the decision by a majority of 6-1. Apart from Justice Bela Trivedi, the other six judges believed that there is nothing in Article 15, 16, which 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 work on its own. However, despite reservation, people from 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 SC / ST category are taking advantage of reservation. The ground reality cannot be denied that there are categories within SC / ST, which have been facing oppression for centuries. The basis of sub-classification is that one group from a larger group faces more discrimination.
Cannot compare creamy layer with the child of a manual scavenger
Justice BR Gavai, in his separate but concurring judgment, said that the states should also exclude the creamy layer from SC-ST classes. In support of his decision, it was said on his behalf that it would be dishonest to compare the children of the creamy layer (affluent class) of the Scheduled Caste with the children of a Scheduled Caste person who carries scavenger in the village. Justice B R Gavai read a statement by Baba Saheb Ambedkar that history shows that when morality clashes with economy, economy wins.
