Article 341 Intends To Only Give 'Constitutional Identity' To Scheduled Castes; Not To Hold Them As 'Homogenous Class' : Supreme Court
7 months, 2 weeks ago

Article 341 Intends To Only Give 'Constitutional Identity' To Scheduled Castes; Not To Hold Them As 'Homogenous Class' : Supreme Court

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The Supreme Court in its recent decision allowing sub-classification of Scheduled Castes, observed that Article 341 does not create a 'deeming fiction' and only bestows a 'constitutional identity' upon those backward communities which are listed as Scheduled Castes. Article 341 Does Not Create A Deeming Fiction ; Provision Only Establishes A Clear Process For Legal Recognitition Of Scheduled Castes The Court clarified that the previous decision of a 3 judge bench in Punit Rai v. Dinesh Chaudhary where it was suggested that Article 341 created a deeming fiction was erroneous and did not form the core reasoning of that judgment. 'Deeming Fiction' Underlining Article 341 Is Only For Identification Of Scheduled Castes; Its Purpose Is Not To Conclude That SCs Are A Homogenous Class The court emphasized that Article 341 creates a 'deeming fiction' solely for identifying Scheduled Castes. "Article 341 creates a legal fiction for the limited purpose of identification of Scheduled Castes by distinguishing them from other groups. In the NM Thomas case, the Court had observed that Scheduled Castes, once notified by the President under Article 341, form a class.

History of this topic

Emerging Threat For “Original” Lists Of Scheduled Castes/Scheduled Tribes Published Under Article 341 Of Constitution
2 months, 3 weeks ago
Review Petition Filed In Supreme Court Against Judgment Allowing Sub-Classification Of Scheduled Castes & Creamy Layer Exclusion
6 months, 3 weeks ago
The debate continues over ‘creamy layer’ in India’s reservation system
7 months, 1 week ago
Subclassification of scheduled castes: Haryana govt asks SC panel to analyse data
7 months, 1 week ago
States can sub-classify SCs for quotas: top court
7 months, 2 weeks ago
SC Allows Sub-Divisions in SC, ST for Quota
7 months, 2 weeks ago
'State Can't Alter Schedule Caste List Published Under Art. 341', Supreme Court Quashes Bihar Govt Resolution To Merge EBC Community In SC List
8 months ago
CJI : according to you though the birthmarks are... ... Is Subclassification Permissible Within SC
1 year, 1 month ago
Degree Of Backwardness Within Scheduled Castes May Vary, Says Supreme Court; Centre Supports Subclassification Within SCs/STs [Day 2]
1 year, 1 month ago
Cannot treat Scheduled Castes as a homogenous group: Supreme Court
1 year, 1 month ago
Make Scheduled Caste Status Religion Neutral : Plea In Supreme Court
1 year, 8 months ago
In affidavit in SC, Centre defends exclusion of Dalit Christians, Dalit Muslims from scheduled castes' list
2 years, 4 months ago
States can have sub-groups among SCs/STs: Supreme Court
4 years, 6 months ago

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