Subcategorization Of SC/STs Can Help More Backward Classes, But Guidelines Needed To Avoid Play Of Popular Politics : Supreme Court [Day 3]

While reserving judgment on the validity of subclassification within the Scheduled Castes and Scheduled Tribes for reservations, the Supreme Court on Thursday observed that subcategorization could be a measure to ensure that the benefits of reservation reach the more backward categories within the reserved classes. For the last 75 yrs, if they are taking reservations of 75-80% of the 13 % available reservation and there are some castes which have a sizable representation but they do not have even one or two per cent reservations, so would it not amount to perpetuating inequality amongst those classes identified under Article 341…” Justice Vikram Nath, another judge of the bench, observed, "Subcategorisation will aid others within that caste also to come up. “ They may have been many SC who did not suffer from the kind of untouchability that we associate with the social spectrum but they nonetheless suffered discrimination, it is a form of untouchability.” On the Diverse Shades of Scheduled Castes and Scheduled Tribes - Sr Advocate Manoj Swarup Explains Presenting arguments from the side of the respondents, Sr Advocate Mr Manoj Swarup began by explaining that though heterogeneity does persist amongst the backward classes, Article 341 becomes the attachment point for all of them to be combined into one single category. it is an elaborate inquiry, and the state has a full say in it.they have a say, there are not mute spectators.” Construction Of Article 341; States' Powers Differ Under Article 16 - A Rally of Contentions Between The Counsel and The Bench Article 341 provides - Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification. the backward class will include ST/SC/SEBC so that will be class by itself it's not a caste.” Subclassification Does Not Mean That The ' Less Weak' Be Devoid Of Reservations - The Bench Observes One of the arguments made by Sr Advocate Mr Swarup was that the reservations created for Valmikis and Mazhbi Sikhs under S.4 of the 2006 Punjab Act were an “ exercise to puncture the SC List”, which is to be only created through Article 341.