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Sub-classification of SCs, STs Has Significant Implications for Social Justice
The reservation policy cannot be indifferent to the degree of backwardness within a class of citizens.
In a landmark judgment, the Supreme Court held on 2 August that the sub-classification of Scheduled Castes (SCs) and Scheduled Tribes (STs) was permissible.
The Constitutional bench led by Chief Justice DY Chandrachud, in a 6:1 verdict, has overruled the apex court’s 2005 judgment that state governments had no power to create subcategories of SCs for reservations. In EV Chinnaiah v State of Andhra Pradesh, 2005, the Supreme Court held that SCs notified under Article 341 formed one homogeneous group and could not be subcategorised further.
But now, in a significant judgment that has implications for social justice, the SC stated that a quota within a quota is not against the right to equality enshrined in Article 14 of the Constitution.
The issue of sub-categorisation of Scheduled Castes and Scheduled Tribes has been rocking India's political and legal system for several years. A section of these communities have demanded it to ensure the equitable distribution of benefits of affirmative action provided by the Constitution.
www.thequint.com/opinion/supreme-court-sub-classif…
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در تاریخ 1403/05/11 منتشر شده
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