Sub-Classification Of Scheduled Castes For Reservation, Creamy Layer Debate – Comment On State Of Punjab V. Davinder Singh (7 Judge-Bench Judgment)
7 months, 2 weeks ago

Sub-Classification Of Scheduled Castes For Reservation, Creamy Layer Debate – Comment On State Of Punjab V. Davinder Singh (7 Judge-Bench Judgment)

Live Law  

A seven-judge bench of the Supreme Court on 1 August 2024 decided the issue of constitutionality of sub-classification within the Scheduled Castes for the purpose of reservation in public employment. Justice Gavai further added that the criteria for the identification of creamy layer in Scheduled Castes and Scheduled Tribes may be different from the other backward castes. The reference to this seven bench was not about the correctness of the application of creamy layer principle to Scheduled Castes and Scheduled Tribes, yet the four out of seven judges have endorsed its application. Justice Gavai has observed that the criteria for identification of creamy layer in Scheduled Castes and Scheduled Tribes may be different from the other backward castes and it is submitted that the test prescribed by the Supreme Court as the legitimate basis for sub-classification may become the basis for the determination of creamy layer among the Scheduled Caste. Chief Justice Chandrachud in his judgment has categorically identified that the preference for marginalised within the Scheduled Caste should not be on the entire quota of Scheduled Caste seats and that it should only be on certain percentage of the Scheduled Caste quota seats, rest of the seats in the Scheduled Caste quota must be open to all other Scheduled Castes.

India Representation Judgment Constitution Court Chief Justice Reservation Public Employment State Issue Castes Chandrachud Scheduled Scheduled Tribes Scheduled Castes Quota Creamy Layer Justice Gavai Creamy Jarnail Singh Layer Scheduled Caste Caste Justice Effective Representation Chinniah  singh  judgment  caste  justice  creamy  issue  quota  punjab  scheduled  state  castes  judgebench  subclassification  representation  reservation  layer  v

History of this topic

Andhra Pradesh Deputy Chief Minister Pawan Kalyan welcomes SC sub-classification
1 week, 3 days ago

Andhra Pradesh Deputy Chief Minister Pawan Kalyan welcomes SC sub-classification

The Hindu  

Andhra Pradesh Deputy Chief Minister K. Pawan Kalyan said on Thursday that sub-classification of the Scheduled Castes became a reality because of the sustained efforts of MRPS leader Manda Krishna Madiga and Andhra Pradesh Chief Minister N. Chandrababu Naidu. During a Short Discussion on the report on sub-classification of Scheduled Castes submitted by retired IAS officer Rajiv Ranjan Mishra in …

Andhra Pradesh Legislative Assembly approves sub-classification of Scheduled Castes; we have kept our word, asserts Chief Minister Chandrababu Naidu
Trending News
1 week, 3 days ago

Andhra Pradesh Legislative Assembly approves sub-classification of Scheduled Castes; we have kept our word, asserts Chief Minister Chandrababu Naidu

The Hindu  

The Andhra Pradesh Legislative Assembly on Thursday approved the report of the One-Man Commission on Sub-Classification of Scheduled Castes headed by Rajiv Ranjan Mishra, a retired IAS officer. In his remarks, Chief Minister N. Chandrababu Naidu reaffirmed the government’s commitment to SC sub-categorisation, stating that it was a long-pending demand that had now been fulfilled. Chandrababu NaiduAndhra Pradesh Chief Minister …

Scheduled Castes to be divided into three groups to implement 15% reservation
1 week, 6 days ago

Scheduled Castes to be divided into three groups to implement 15% reservation

The Hindu  

Reservations for the Scheduled Castes will forthwith be made on the basis of three major groups within the community identified by the Telangana Government. The Bill follows the Supreme Court’s direction permitting sub-classification within Scheduled Castes reserved categories,followingpersistent demands and representations from various sections among them. The Bill said that in order to eliminate inequalities in status, facilities and opportunities …

Revanth reaffirms commitment to SC sub-classification; govt. rejects creamy layer proposal
1 month, 3 weeks ago

Revanth reaffirms commitment to SC sub-classification; govt. rejects creamy layer proposal

The Hindu  

Chief Minister Revanth Reddy reaffirmed his government’s commitment to Scheduled Caste sub-classification, declaring that Telangana will be the first State in the country to implement it. He announced that the government had rejected the one-member judicial commission’s recommendation to introduce a creamy layer within reservations, which suggested that MLAs, MPs, ZP chairpersons, mayors, and other public representatives, as well as …

Special session of Legislature to discuss caste survey, SC categorisation reports
Trending News
1 month, 3 weeks ago

Special session of Legislature to discuss caste survey, SC categorisation reports

The Hindu  

Stage is set for the special session of the State Legislature on Tuesday to discuss the report of the comprehensive Social, Economic, Educational, Employment, Political and Caste survey. The special session of the Legislature has been convened to adopt a resolution urging the Central government to enhance the reservation for the backward classes in line with their population which, after …

Ramadoss urges Centre to remove ‘creamy layer’ in OBC reservation, in the light of SC observation
2 months, 2 weeks ago

Ramadoss urges Centre to remove ‘creamy layer’ in OBC reservation, in the light of SC observation

The Hindu  

PMK founder S. Ramadoss on Sunday urged the Central government to remove the ‘creamy layer’ from Other Backward Classes who benefit from reservations. His statement follows the Supreme Court’s recent observations on the ‘creamy layer’ of Scheduled Castes and Scheduled Tribes beneficiaries. Gavai said last week that the ball was in the courts of the legislature and the government to …

Supreme Court says ball is in the courts of government, legislature on ‘creamy layer’ for SC/STs
2 months, 2 weeks ago

Supreme Court says ball is in the courts of government, legislature on ‘creamy layer’ for SC/STs

The Hindu  

Supreme Court judge, Justice B.R. Gavai, on Thursday said the ball was in the courts of the legislature and the government to take a call on whether the ‘creamy layer’ of Scheduled Castes and Scheduled Tribes’ beneficiaries of reservation in education and public service must be excluded from quota benefits. The court was hearing a writ petition filed by Santosh …

OPINION| Quota Within Quota: The Secret Weapon!
4 months, 2 weeks ago

OPINION| Quota Within Quota: The Secret Weapon!

India TV News  

Prime Minister Narendra Modi is doing his best to explain to voters of Jharkhand and Maharashtra the exact meaning of his slogan, “Ek Hain, Toh Safe Hain”. The issue came up before the Supreme Court recently, and the apex court in August ruled by a 6:1 majority judgement that sub-classification within the scheduled castes and scheduled tribes was permissible. In …

Subclassification of Scheduled Castes trigger arguments in assembly
4 months, 2 weeks ago

Subclassification of Scheduled Castes trigger arguments in assembly

Hindustan Times  

The recent sub-classification of Scheduled Castes in Haryana into deprived Scheduled Castes and other scheduled castes, to provide each of the two categories 50% of the 20% vacancies reserved for the SCs in government jobs, set off a war of words between Congress minister Geeta Bhukkal and minister for social justice, empowerment, SCs & BCs Welfare and Antyodaya Krishan Kumar …

Haryana's SC Sub-Quota: A Polarizing Divide Within the Dalit Community
5 months, 1 week ago

Haryana's SC Sub-Quota: A Polarizing Divide Within the Dalit Community

Hindustan Times  

Haryana's decision to implement Scheduled Caste (SC) sub-quotas marks an important turn for Indian politics. The sub-quotas will address inequalities within the broader SC group, with each segment getting half of the 20% quota. This is significant as it is the first state to implement sub-quotas within the SC umbrella since the Supreme Court allowed it. The decision is also …

Telangana appoints one-man commission to study SC sub-classification
5 months, 2 weeks ago

Telangana appoints one-man commission to study SC sub-classification

New Indian Express  

HYDERABAD: The state government has appointed a one-man commission, to be headed by retired judge of Telangana High Court Justice Shameem Akhtar, to conduct a detailed study on sub-classification of Scheduled Castes for providing reservations. The terms of reference for the commission include undertaking of a rational sub-classification and grouping together of the homogeneous sub-castes within the Scheduled Castes in …

Can creamy layer in the Dalit quota be justified?
6 months, 1 week ago

Can creamy layer in the Dalit quota be justified?

Hindustan Times  

The Supreme Court last month upheld sub-classification in the quota for Scheduled Castes and Scheduled Tribes. However, some judges further recommended adding creamy layer exclusions, restricting reservations to only one generation or once, making it time-bound, and adding economic criteria. A study by ActionAid in 2000 on social and economic discrimination in 11 states and another 2013 study of government …

Haryana’s caste fault lines: Congress, BJP play to their strengths in ticket distribution
6 months, 2 weeks ago

Haryana’s caste fault lines: Congress, BJP play to their strengths in ticket distribution

Hindustan Times  

A measure of how caste calculations influence the electoral politics of Haryana can be gauged from the ticket distribution by the ruling Bharatiya Janata Party and the Congress for the October 5 assembly elections. An analysis of ticket distribution by the two national parties shows that it is the 33% backward classes and 22% scheduled castes which are being eyed …

Sub-Classification Within The SC & ST Categories Should Not Eventually Lead To De-Reservation
6 months, 2 weeks ago

Sub-Classification Within The SC & ST Categories Should Not Eventually Lead To De-Reservation

Live Law  

A seven judge bench of the Supreme Court in State of Punjab & Ors. Justice Gavai, in his concurring opinion, while noting this fact observes, “If the State…finds that certain categories within the Scheduled Castes and Scheduled Tribes are not adequately represented and only the people belonging to few of the categories are enjoying the entire benefit reserved for Scheduled …

Thol. Thirumavalavan MP Files Review Petition Against Supreme Court's Judgment Allowing Sub-Classification Of Scheduled Castes
7 months ago

Thol. Thirumavalavan MP Files Review Petition Against Supreme Court's Judgment Allowing Sub-Classification Of Scheduled Castes

Live Law  

Today, Thol Thirumavalavan, 2nd-time Member of Parliament and President of Viduthalai Chiruthaigal Katchi-the largest Dalit Party in Tamil Nadu has filed a review petition against the sub-classification judgment of the Supreme Court. A seven-judge bench of the Supreme Court held that sub-classification of Scheduled Castes is permissible to grant separate quotas for more backwards within the Scheduled Castes category. 182 …

Economic Reservation In India: Sub Classification Of SC ST
7 months ago

Economic Reservation In India: Sub Classification Of SC ST

Live Law  

Scheduled Castes and Scheduled Tribes in India represent some of the most socio-economically disadvantaged groups, as recognized under the Constitution to facilitate equality initiatives. Moreover, there is a risk that sub-classification could heightens existing social antagonism within SC/ST communities, potentially leading to intra-community conflicts and divisions. Moving forward, states must consider historical injustices, economic inequalities, and social factors when designing …

Review Petition Filed In Supreme Court Against Judgment Allowing Sub-Classification Of Scheduled Castes & Creamy Layer Exclusion
7 months, 1 week ago

Review Petition Filed In Supreme Court Against Judgment Allowing Sub-Classification Of Scheduled Castes & Creamy Layer Exclusion

Live Law  

A review petition has been filed in the Supreme Court challenging the judgment delivered on August 1, 2024, by a seven-judge bench which permitted the sub-classification of Scheduled Castes for providing separate quotas for more backward groups within the SC categories.The petition, filed by lawyer Jaishri Patil, contends that the Supreme Court's interpretation in the Indra Sawhney. A review petition …

‘Stark disparity’ in share of two categories of scheduled castes in govt jobs, shows data
7 months, 1 week ago

‘Stark disparity’ in share of two categories of scheduled castes in govt jobs, shows data

Hindustan Times  

Thirty-six scheduled castes from Haryana, including Balmikis, Dhanaks, Khatiks, Mazhabi Sikhs who have been provided reservation in government employment, occupy a mere 35% share of class 1, 2 and 3 jobs reserved for SCs despite comprising a majority 52% of the total scheduled caste population in the state. “This shows the stark difference of 30 percentage points in posts occupied …

Ecostani | Cabinet resolution against creamy layer is against the spirit of reservation
7 months, 2 weeks ago

Ecostani | Cabinet resolution against creamy layer is against the spirit of reservation

Hindustan Times  

Last Friday, the Union cabinet passed a resolution saying there would be no “creamy layer” for Scheduled Caste and Scheduled Tribe categories, days after the Supreme Court called for the exclusion of the creamy layer from the ambit of SC /ST reservation. Over the years, the argument for introducing a creamy layer for SC/ST has gained ground but there is …

Adivasi-Dalit Groups Call Kerala Hartal Over SC Reservation Ruling
7 months, 2 weeks ago

Adivasi-Dalit Groups Call Kerala Hartal Over SC Reservation Ruling

Deccan Chronicle  

Kottayam: Various Adivasi-Dalit organisations on Tuesday called for a state-wide hartal in Kerala on August 21, to protest the recent Supreme Court verdict on the sub-categorisation of reservations for Scheduled Castes and Scheduled Tribes as granted under the Constitution. In a joint statement signed by leaders of various Adivasi-Dalit organisations, it was alleged that the verdict aimed to divide the …

SC/ST quota: No plan for creamy layer, say govt
7 months, 2 weeks ago

SC/ST quota: No plan for creamy layer, say govt

Hindustan Times  

New Delhi There is no provision for creamy layer in the reservations for Scheduled Castes and Scheduled Tribes in the Constitution, and the government is committed to upholding it, the Union Cabinet said on Friday, hinting that the Centre will not take up a suggestion by the Supreme Court to institute income-based exclusions in the quota. The remarks by Union …

The debate continues over ‘creamy layer’ in India’s reservation system
7 months, 3 weeks ago

The debate continues over ‘creamy layer’ in India’s reservation system

Hindustan Times  

Since the time of the Constitution's drafting, the concept of the “creamy layer” in the reservation has been a pivotal issue of debate and legal scrutiny in India. The historical connection between "depressed classes" and "Scheduled Castes" underscores the continued impact of social hierarchies and the persistence of disadvantage faced by these groups, prompting specific constitutional provisions aimed at their …

Subclassification of scheduled castes: Haryana govt asks SC panel to analyse data
7 months, 3 weeks ago

Subclassification of scheduled castes: Haryana govt asks SC panel to analyse data

Hindustan Times  

The BJP government in Haryana on Thursday set in motion the process to ascertain inadequacy of representation of scheduled castes in public employment because of their backwardness. The apex court judgement had held that a November 9, 1994 Haryana government notification by which the scheduled castes in the state were classified in two categories – block A and B for …

7-judge SC bench upholds quota within SC/ST quota saying sub-classification is permissible
7 months, 3 weeks ago

7-judge SC bench upholds quota within SC/ST quota saying sub-classification is permissible

Op India  

In a major ruling on the 1st of August, a 7-judge constitutional bench of the Supreme Court ruled by a 6:1 majority that sub-classification of Scheduled Castes/Scheduled Tribes is admissible in order to give distinct quotas for more backwards within the SC/ST categories. The seven-judge Constitution bench led by CJI DY Chandrachud and Justices BR Gavai, Vikram Nath, Bela M …

Explained: Sub-classification of Scheduled Castes and the Supreme Court
7 months, 3 weeks ago

Explained: Sub-classification of Scheduled Castes and the Supreme Court

Hindustan Times  

On August 1, a seven-judge Constitutional Bench of the Supreme Court with a majority of 6:1 held that sub-classification of Scheduled Castes for the purpose of reservation was constitutional. While hearing the appeal in 2014, a three-judge bench of the Supreme Court noted that Chinniah needs to be revisited in light of Article 338 and the law laid in Indra …

Caste reservation fabric needs new pattern
7 months, 3 weeks ago

Caste reservation fabric needs new pattern

New Indian Express  

“Begin at the beginning, the king said, very gravely, and go on till you come to the end: then stop.” Lewis Carroll, Alice’s Adventures in Wonderland For millenniums, caste has been cast in stone in the Indian psyche. Gavai, who could be the chief justice next year, wrote: “The State must evolve a policy for identifying the creamy layer even …

Disregard comments of the SC judges about creamy layer, Thirumavalavan tells Centre
7 months, 3 weeks ago

Disregard comments of the SC judges about creamy layer, Thirumavalavan tells Centre

The Hindu  

Viduthalai Chiruthaigal Katchi founder and Chidambaram MP Thol. Thirumavalavan on Friday welcomed the Supreme Court’s judgment that State government has the authority to provide internal reservations within the Scheduled Caste quota, which has validated the law to provide internal reservations for Arundhathiyar community. “The Supreme Court justices also stated that appropriate evidence must be provided for granting internal reservations, which …

Reservation redistribution
7 months, 3 weeks ago

Reservation redistribution

Hindustan Times  

The gains of reservation — despite its goal of driving equity — have flowed unequally. Relative social privilege and political clout have led to a few groups enjoying almost all the benefits of reservations while others languish in backwardness that is largely unchanged since Independence. To illustrate, the Jatavs in Uttar Pradesh and the Mahars in Maharashtra have long been …

States can sub-classify SCs for quotas: top court
7 months, 4 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 …

Why has Supreme Court re-examined subclassification in SC-ST quotas? Explained
7 months, 4 weeks ago

Why has Supreme Court re-examined subclassification in SC-ST quotas? Explained

India TV News  

With a decisive majority of 6:1, the seven-judge Supreme Court bench headed by Chief Justice DY Chandrachud on Thursday ruled in favour of sub-classification of Scheduled Castes and Scheduled Tribes. The latest decision overruled the 2004 judgment in the EV Chinnaiah vs State of Andhra Pradesh case, which held that there can be no sub-classification of Scheduled Castes and Scheduled …

SC/ST Reservation: Supreme Court Rules Separate Quotas Permissible for More Backward Castes
7 months, 4 weeks ago

SC/ST Reservation: Supreme Court Rules Separate Quotas Permissible for More Backward Castes

ABP News  

On Thursday, August 1, the Supreme Court delivered a significant ruling concerning Scheduled Castes and Scheduled Tribes. Chandrachud, decided by a 6:1 majority that separate quotas within the SC/ST categories can be allocated to more backward sub-groups. The Court's ruling emphasizes that certain castes within SC/ST categories are significantly more backward and require targeted empowerment. The Court's judgment highlighted the …

Creamy layer among SCs, STs must be excluded from quota benefits: Supreme Court
7 months, 4 weeks ago

Creamy layer among SCs, STs must be excluded from quota benefits: Supreme Court

Hindustan Times  

The Supreme Court on Thursday said that states must identify the ‘creamy layer’ within the Scheduled Castes and Scheduled Tribes and take them out of reservation. “State must evolve a policy to identify creamy layer among the Scheduled Castes and Scheduled Tribes category and exclude them from the fold of affirmative action,” Justice Gavai wrote in his judgment, according to …

SC Allows Sub-Divisions in SC, ST for Quota
7 months, 4 weeks ago

SC Allows Sub-Divisions in SC, ST for Quota

Deccan Chronicle  

New Delhi: In a landmark verdict, a seven-judge Constitution Bench of the Supreme Court on Thursday okayed sub-classification within the Scheduled Caste and Schedule Tribe communities to provide reservations in jobs and education for the more marginalised sub-sets. Thus, the state in exercise of the power under Articles 15 and 16 can further classify the SCs if there is a …

Sub-classification within SCs, STs permissible, says Supreme Court
7 months, 4 weeks ago

Sub-classification within SCs, STs permissible, says Supreme Court

Hindustan Times  

The Supreme Court on Thursday ruled by a majority that sub-classification within the scheduled castes and scheduled tribes is permissible. It declared that SCs cannot be considered homogenous classes and that it would be permissible for the Centre and states to earmark most backward classes within the reserved category of SC/STs to enable them frame appropriate policies on sub-classification and …

SC allows states to sub-classify SCs, STs for quotas within reserved categories
7 months, 4 weeks ago

SC allows states to sub-classify SCs, STs for quotas within reserved categories

New Indian Express  

NEW DELHI: In a majority verdict on Thursday, the Supreme Court ruled that states have the authority to sub-classify Scheduled Castes and Scheduled Tribes to allocate quotas within the reserved category, aiming to uplift more underprivileged groups. A seven-judge constitution bench headed by Chief Justice DY Chandrachud held a 6:1 majority that the further sub-classification of SCs and STs by …

'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, 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

Live Law  

The Supreme Court on Monday struck down the resolution issued by the Bihar Government in 2015 which had merged one community in the Backward Castes list with another community in the Scheduled Caste list. In 2015, the Bihar Government issued a notification merging one community in the Extremely Backward Castes list i.e., “Tanti-Tantwa” with another community in the Scheduled Caste …

Degree Of Backwardness Within Scheduled Castes May Vary, Says Supreme Court; Centre Supports Subclassification Within SCs/STs [Day 2]
1 year, 1 month ago

Degree Of Backwardness Within Scheduled Castes May Vary, Says Supreme Court; Centre Supports Subclassification Within SCs/STs [Day 2]

Live Law  

The Supreme Court Constitution Bench on Tuesday while hearing on the validity of subclassifications within SC/STs deliberated upon the notion of homogeneity of class and what Article 341 of the Constitution meant in light of communities designated as a “Scheduled Caste” Senior Advocate Kapil Sibal appearing from the petitioner's side, argued that there were two key mistakes in the decision …

Cannot treat Scheduled Castes as a homogenous group: Supreme Court
1 year, 1 month ago

Cannot treat Scheduled Castes as a homogenous group: Supreme Court

The Hindu  

A seven-judge Constitution Bench headed by Chief Justice of India D.Y. Chandrachud on Tuesday observed that Scheduled Castes cannot be treated as a “homogenous group” for granting reservation as some may have advanced in society while other continue to remain “particularly underprivileged”. The court said the diverse groups, clubbed together in the Presidential list under Article 341 of the Constitution …

Subclassification Necessary To Uplift Most Backward Among Scheduled Castes : State Of Punjab Tells Supreme Court [Day 1]
1 year, 1 month ago

Subclassification Necessary To Uplift Most Backward Among Scheduled Castes : State Of Punjab Tells Supreme Court [Day 1]

Live Law  

A 7-judge Constitution Bench of the Supreme Court on Tuesday began hearing the referred matter on the permissibility of sub-classification among Scheduled Castes & Scheduled Tribes. But then, by virtue of reservation, they are also entitled to the second generation and again the third generation.” Understanding Subclassification & State's Preferential Treatment Referring to the main issue at hand, Singh submitted …

Govts need to collect quantifiable data: SC on reservations to SC/ST employees
3 years, 2 months ago

Govts need to collect quantifiable data: SC on reservations to SC/ST employees

Live Mint  

The Supreme Court of India on Friday announced that Governments need to collect quantifiable data before granting reservation in promotion to Scheduled Castes and Scheduled Tribes employees. The apex court further added that it cannot lay down new yardstick after Constitution bench decisions Earlier in October, the Supreme Court reserved its judgement on the issue of the grant of reservation …

Caste Census : Maharastra Govt Opposes Union's Stand In Supreme Court That Collection Of OBC Information In Census 2021 Is Difficult
3 years, 3 months ago

Caste Census : Maharastra Govt Opposes Union's Stand In Supreme Court That Collection Of OBC Information In Census 2021 Is Difficult

Live Law  

The State of Maharashtra has submitted before the Supreme Court of India that a direction to include enumeration of socio economic data relating to OBCs of Rural India in the upcoming 2021 census would not amount to interfering with a policy decision.The submission has been made in response to Centre's stand taken before the Supreme Court that exclusion of OBCs …

Change in promotion quota for SC/STs will lead to chaos: Centre
3 years, 5 months ago

Change in promotion quota for SC/STs will lead to chaos: Centre

Hindustan Times  

The Union government on Tuesday cautioned the Supreme Court that any modification in the current policy on reservations in promotion of people belonging to the Scheduled Castes and Scheduled Tribes “would only throw the entire country into chaos”. In his written note, attorney general KK Venugopal claimed that “the whole of the country, including the public services of the states, …

Refining the reservation policy
3 years, 6 months ago

Refining the reservation policy

The Hindu  

In February, just before the Election Commission announced the schedule of the State election, the Tamil Nadu Assembly adopted a Bill to provide 10.5% reservation for the Vanniyakula Kshatriyas within the quota of Most Backward Classes and Denotified Communities. The Supreme Court, in the Maratha case of May 2021, said: “The 50 per cent ceiling limit for reservation laid down …

Economic criterion not sole basis for creamy layer: Supreme Court
3 years, 7 months ago

Economic criterion not sole basis for creamy layer: Supreme Court

The Hindu  

The Supreme Court on Tuesday held that the government cannot deny reservation to a person belonging to a backward community solely on the ground that he or she is rich. “The basis of exclusion of ‘creamy layer’ cannot be merely economic,” a Bench of Justices L. Nageswara Rao and Aniruddha Bose observed in their judgment, while referring to the court’s …

The Current Reservation System Will Benefit the Political Class, Not Downtrodden
3 years, 7 months ago

The Current Reservation System Will Benefit the Political Class, Not Downtrodden

News 18  

Ambedkar would have nodded his head in disbelief had he been present in 21st century India. It’s a mockery of the current reservation policy where a large chunk of subcategories within the socially and educationally backward castes is left out and pushed to the fringe by the dominant 10 castes of a total of 2,633 sub-castes within the larger OBC …

Caste Surnames of Candidates Should Not be Revealed at UPSC Interview Stage to Decrease Discrimination: Govt Report
4 years, 1 month ago

Caste Surnames of Candidates Should Not be Revealed at UPSC Interview Stage to Decrease Discrimination: Govt Report

News 18  

To decrease the chance of discrimination, the caste surnames or details giving out religious or social background of candidates should not be revealed at the interview stage of civil services and other state or central examinations, a government-commissioned draft report has recommended. Just like candidates are prohibited from writing their names and other personal details, including religious symbols on their …

For equity within castes
4 years, 6 months ago

For equity within castes

The Hindu  

A five-member Constitution Bench of the Supreme Court has endorsed the right of the State governments to create sub-categories within the Scheduled Caste category—such as Arunthathiyars in Tamil Nadu and Valmikis and Mazhabi Sikhs in Punjab—in order to ensure an equitable distribution of socio-economical benefits under reservation. The five-member bench said that under Article 341, the Scheduled Castes were “homogeneous” …

Sub-Classification And Reservation
4 years, 6 months ago

Sub-Classification And Reservation

Live Law  

In State ofPunjab v. Davinder Singh, a Constitution Bench of the Supreme Court headed by Justice Arun Mishra recently referred E.V. Reading this amendment, the Supreme Court said that the constitutional provisions which deal with identifying SCs, STs and SEBCs are now "pari materia" – each group has a constitutionally recognized list which can only be modified by Parliament, and …

The Conundrum Of Preferential Treatment Within Scheduled Castes
4 years, 6 months ago

The Conundrum Of Preferential Treatment Within Scheduled Castes

Live Law  

On 27 August 2020, in the case of State of Punjab v. Davinder Singh, a Constitution bench of five judges of the Supreme Court of India referred the question of preferential treatment by the States, among Scheduled Castes of few castes within Scheduled Caste for the purposes of reservation, to a larger bench of seven or more judges for deciding …

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