राज्यों को SC-ST-रिजर्वेशन के क्लासिफिकेशन का अधिकार है या नहीं: सुप्रीम कोर्ट आज फैसला सुनाएगा; पिछली सुनवाई में कहा था- राज्य सिलेक्टिव हुए तो तुष्टिकरण बढ़ेगा

A seven-judge constitutional bench of the Supreme Court will give its verdict today (Thursday, August 1) on whether states have the right to classify SC-ST quota reservations.

This bench of CJI DY Chandrachud, Justice BR Gavai, Justice Vikram Nath, Justice Bela M Trivedi, Justice Pankaj Mittal, Justice Manoj Mishra and Justice Satish Chandra Sharma had heard the case 6 months ago and reserved the decision.

In the last hearing on February 8, the court had said that if the states become selective, appeasement will increase. Actually, the Supreme Court was reviewing its own decision of 2004 regarding quota in SC-ST.

During this, Justice Chinnaiya had said that the states do not have the right to create sub-categories for quota among Scheduled Castes (SCs) and Scheduled Tribes (STs).

What happened in the last 3 days of hearing…

8 February: The court said- the most backward cannot be benefited and others cannot be deprived
During the third day of hearing, the bench said, “Suppose there are many backward classes and the state chooses only two. In such a case, those who are excluded can always challenge their classification under Article 14 on the grounds that we fulfil all the criteria of backwardness.”

The bench said- State governments cannot exclude others while giving benefits to the most backward. Otherwise it will become a dangerous trend of appeasement. Some state governments will choose some castes while others will choose some castes. We have to prepare it by setting criteria. Read full news…

7 February: SC-ST cannot be equal in economic, educational, social status
On the second day of the hearing, the court said that SC and ST cannot be the same in terms of their economic, educational and social status. They can be a class for a certain purpose, but they cannot become a category for all purposes. Read full news…

6 February: The court asked- should the children of IAS-IPS officers get quota?
On the first day of the hearing, the Punjab government argued that the most backward communities among the backward classes should be identified and provided with means to avail employment opportunities. On this, the bench questioned why the affluent sub-castes among the backward classes should not be removed from the list of reservation.

The bench also asked whether the children of IAS-IPS officers should get quota? Justice Vikram Nath said why should they not be removed from the reservation list? Some sub-castes have prospered. They should come out of reservation. By coming out, they can make space for the extremely backward and marginalized classes.

Why was a review needed?
In 2006, the Punjab government brought a law, which gave 50% reservation and priority in jobs to Valmiki and Mazhabi Sikhs in the Schedule Caste quota. In 2010, the Punjab-Haryana High Court declared it unconstitutional and abolished the law. 23 petitions, including the Punjab government, were filed in the Supreme Court against this decision. The Supreme Court began hearing the case on February 6.

During the hearing, Punjab Advocate General Gurminder Singh said that a member of the backward class securing 56% marks in the recruitment exam should be given preference over a person from the upper class securing 99% marks because the upper class has access to high-class facilities, while the backward class struggles without these facilities.

Read this news also…

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The Supreme Court heard the Aam Aadmi Party’s petition against the rigging in the Chandigarh mayor election on Monday (5 February). CJI DY Chandrachud also watched the video in which election officer Anil Masih was seen putting a cross on the ballot paper. Read full news…