States can sub-classify SCs for quotas: top court
4 months, 3 weeks ago

States can sub-classify SCs for quotas: top court

The Hindu  

In a 6:1 majority judgment on Thursday, a seven-judge Constitution Bench of the Supreme Court, headed by Chief Justice of India D.Y. Four of the seven judges on the Bench separately said the government should extend the “creamy layer principle” to Scheduled Castes and Scheduled Tribes, as in the case of the Other Backward Classes category. On Thursday, Chief Justice Chandrachud’s joint opinion with Justice Misra that it was constitutionally permissible for the States to sub-classify groups among Scheduled Castes was backed by four other judges. Justice Gavai said “it is the duty of the State to give preferential treatment to the backward class of citizens who are not adequately represented.” Justice Bela Trivedi remained the lone dissenter on the Bench, saying the States did not have the power to tinker with the Presidential List of Scheduled Castes. The court agreed that apprehensions of “potential political tinkering” by parties in power in States to expand vote banks cannot obviate the constitutional need for acknowledging and remedying inter se inequality among Scheduled Castes.

History of this topic

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