Fate of Schedule Tribes sub-quota in Mizoram uncertain after Supreme Court ruling
7 months, 3 weeks ago

Fate of Schedule Tribes sub-quota in Mizoram uncertain after Supreme Court ruling

The Hindu  

The fate of the Scheduled Tribes quota sub-classification in Mizoram plunged into uncertainty within days of the Supreme Court of India in a ruling permitted States to sub-categorise Scheduled Castes and STs. Mizoram’s Education Minister Vanlalthlana said the government’s work on the sub-classification of STs would now have to be re-strategised after considering the Supreme Court’s ruling and its implications, adding that this would most likely delay amendments to reservation rules that have been in the works from at least March this year. But months before that happened, the newly formed Mizoram government led by the Zoram People’s Movement had filed an affidavit before the Gauhati High Court in May, saying it had already drafted amendments to the ST quota sub-classification rule, and would do away with the sub-classification in the meantime, till the amendments are passed and notified. Sources said that the Supreme Court’s ruling on sub-classification came just as the draft amendments to the reservation rules were pending with the State’s Law Department.

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History of this topic

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 …

Quotas in quota | Panacea or pandora's box?
7 months, 1 week ago

Quotas in quota | Panacea or pandora's box?

India Today  

On August 1, the Supreme Court delivered a landmark judgment redefining the framework of affirmative action. Chandrachud allowed states to create subclassifications within the Scheduled Castes and Scheduled Tribes. The aim is to ensure a more equitable distribution of reservation benefits among the most backward communities within these categories. It has in effect now allowed states to further demarcate reservations …

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 …

Sub- classification within SC/STs: BSP disagrees with top court verdict
7 months, 3 weeks ago

Sub- classification within SC/STs: BSP disagrees with top court verdict

Hindustan Times  

Lucknow: Bahujan Samaj Party chief Mayawati on Sunday termed the Supreme Court verdict allowing sub-classification within Scheduled Castes and Scheduled Tribes an emergency situation for Dalits and tribal communities. The central government should put reservation for SCs and STS in the Ninth Schedule of the Constitution, Mayawati said. “The sub-classification of people within Scheduled Castes and Scheduled Tribes has been …

Mayawati disagrees with SC ruling on sub-classification of SCs
7 months, 3 weeks ago

Mayawati disagrees with SC ruling on sub-classification of SCs

The Hindu  

Bahujan Samaj Party president Mayawati said on Sunday that her party doesn’t agree with the Supreme Court’s judgement allowing sub-classification within Scheduled Castes. “Our party doesn’t agree with the sub-classification within Scheduled Castes and Scheduled Tribes that has been permitted,” said Ms. Mayawati, a former four-time U.P. Targeting critics who claim that SCs-STs are economically strong, the BSP leader said …

Mayawati opposes Supreme Court ruling on sub-classification of Scheduled Castes
7 months, 3 weeks ago

Mayawati opposes Supreme Court ruling on sub-classification of Scheduled Castes

India Today  

Bahujan Samaj Party chief and former Uttar Pradesh Chief Minister Mayawati on Sunday expressed her party's opposition to the recent Supreme Court verdict allowing sub-classification within Scheduled Castes. "The sub-classification of people within SCs and Scheduled Tribes has been permitted, our party doesn't agree with it at all," Mayawati said during a press conference in Lucknow. In a landmark verdict, …

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 …

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 …

SC refuses interim stay on Patna HC’s ruling striking down Bihar government’s 65% reservation law
8 months ago

SC refuses interim stay on Patna HC’s ruling striking down Bihar government’s 65% reservation law

Op India  

On Monday, the Supreme Court of India refused an interim stay on Patna High Court’s judgement that struck down the Bihar government’s law that increased reservations in the state from 50% to 65% in public employment and educational institutions. No interim relief.” Notably, the Bihar government has approached the top court to challenge the Patna High Court’s order dated 20th …

Symposium Seeks Solution via Court Post SC Ruling on Tribal Job Reservations
8 months, 1 week ago

Symposium Seeks Solution via Court Post SC Ruling on Tribal Job Reservations

Deccan Chronicle  

Hyderabad: A brainstorming symposium organised by Aadhaar Society at Guruswamy Centre in Secunderabad on Wednesday resolved to find ways and means to evolve a remedy via the legislative route to contain the impact of the Supreme Court ruling annulling GO MS No. Fear was also expressed that the judgment given on April 20, 2020, may open the gates for dilution …

Gujarat High Court Weekly Round-Up: October 16 - October 22, 2023
1 year, 5 months ago

Gujarat High Court Weekly Round-Up: October 16 - October 22, 2023

Live Law  

Judgements/Orders This Week Court Cannot Force Medical Tests To Ascertain Mental Stability Of Corpus: Gujarat High Court Case Title: Padmaben Rajendrabhai Vyas Versus State Of Gujarat LL Citation: 2023 LiveLaw 165 The Gujarat High Court, in a significant dissenting opinion from a previous order issued by the Coordinate Bench, has ruled that individuals under a Habeas Corpus petition cannot be …

Top Court To Examine SC/ST Reservation
1 year, 6 months ago

Top Court To Examine SC/ST Reservation

Deccan Chronicle  

New Delhi: The Supreme Court has scheduled a hearing for November 21 to address pleas challenging the constitutionality of extending reservation benefits to Scheduled Castes and Scheduled Tribes in Lok Sabha and state Assemblies beyond the originally envisioned 10-year period in the Constitution. Chandrachud, will assess the validity of the 104th Constitutional Amendment Act, which extended SC and ST quotas …

Supreme Court Restores Plea In Gauhati HC Which Challenges Sub-classification Of STs As Mizos & Non-Mizos In Mizoram
1 year, 8 months ago

Supreme Court Restores Plea In Gauhati HC Which Challenges Sub-classification Of STs As Mizos & Non-Mizos In Mizoram

Live Law  

The Supreme Court on Monday set aside an order of the Gauhati High Court which dismissed a petition challenging the sub-classification within the Scheduled Tribes in Mizoram. The bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was hearing a petition filed by the Mizoram Chakma Students. The bench comprising Chief Justice of India …

Supreme Court sets aside High Court order dismissing plea challenging Mizoram Government’s notification on Scheduled Tribe quota
1 year, 8 months ago

Supreme Court sets aside High Court order dismissing plea challenging Mizoram Government’s notification on Scheduled Tribe quota

The Hindu  

The Supreme Court on Monday set aside a Gauhati High Court order dismissing a petition seeking to quash a Mizoram Government notification which arbitrarily sub-classified the Scheduled Tribes of the State while allegedly discriminating against non-Mizo Scheduled Tribes. The High Court had rejected the petition on June 21 on the ground that a legal question related to the State notification …

Supreme Court agrees to hear plea against Mizoram notification ‘discriminatory’ to non-Mizo tribes
1 year, 8 months ago

Supreme Court agrees to hear plea against Mizoram notification ‘discriminatory’ to non-Mizo tribes

The Hindu  

The Supreme Court on July 17 agreed to hear a petition seeking to quash a government notification that discriminates against non-Mizo Scheduled Tribes of Mizoram, which has one of the best literacy percentages in the country, in reservation to higher technical courses. The students’ union, represented by senior advocate Aditya Sondhi and advocate Vikram Hegde, said the notification arbitrarily sub-classified …

A High Court does not have power to direct changes in Scheduled Tribes list: CJI
1 year, 10 months ago

A High Court does not have power to direct changes in Scheduled Tribes list: CJI

The Hindu  

As Manipur and Central governments claimed the State is returning to normalcy, Chief Justice of India D.Y. Chandrachud on Monday wondered aloud why a 23-year-old Constitution Bench judgment which clearly held that no court or State has power to “add, subtract or modify” with the Scheduled Tribes List was not “shown” to the Manipur High Court in the first place. …

Supreme Court fixes three key questions for examining EWS quota
2 years, 6 months ago

Supreme Court fixes three key questions for examining EWS quota

The Hindu  

A Constitution Bench led by Chief Justice of India U.U. Lalit on September 8, 2022 finalised three cardinal issues for examining whether the 103rd Constitutional Amendment, which provides 10% quota to economically weaker sections of the society in government jobs and educational institutions, violates the Basic Structure of the Constitution. The court will examine whether the amendment breaches the Basic …

Supreme Court Asks Centre To Share Data On Providing Reservation In Promotions For SC/STs
3 years, 1 month ago

Supreme Court Asks Centre To Share Data On Providing Reservation In Promotions For SC/STs

Live Law  

While passing order in the matter relating to reservation in promotions for Scheduled Castes and Scheduled Tribes in Jarnail Singh And Ors. The Court further directed that, in the meanwhile, the Centre should file an affidavit providing particulars of contemporaneous data available before it on providing reservation in promotions for SC/STs. Senior Advocate, Mr. Gopal Sankaranarayanan apprised the Bench that …

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 …

Can't lay down new yardstick: SC on reservation in promotion to SCs, STs in govt jobs
3 years, 2 months ago

Can't lay down new yardstick: SC on reservation in promotion to SCs, STs in govt jobs

India Today  

The Supreme Court has refused to dilute conditions for reservations in the promotion of Scheduled Castes and Scheduled Tribes in government jobs, adding that it cannot lay down a new yardstick. A three-judge bench headed by Justice Nageswara Rao said states are obligated to collect data on the inadequacy of representation of SCs/STs. The Supreme Court said state governments are …

Supreme Court reserves judgment on issue of grant of reservation in promotion to SCs/STs in government jobs
3 years, 5 months ago

Supreme Court reserves judgment on issue of grant of reservation in promotion to SCs/STs in government jobs

Firstpost  

The Centre had earlier told the bench that it is a fact of life that even after 75 years, those belonging to scheduled castes and and scheduled tribes, have not been brought to the same level of merit as the forward classes New Delhi: The Supreme Court Tuesday reserved its judgement on the issue of the grant of reservation in …

Quota for SCs, STs in job promotion | Don’t want to reopen order, says Supreme Court
3 years, 6 months ago

Quota for SCs, STs in job promotion | Don’t want to reopen order, says Supreme Court

The Hindu  

The Supreme Court on Tuesday said it was not ready to reopen a debate on its judgments granting reservation in promotion in government jobs to Scheduled Castes and Scheduled Tribes. In a 58-page judgment in 2018, a Constitution Bench, led by then Chief Justice of India Dipak Misra, modified a 2006 judgment that required the State to show quantifiable data …

Supreme Court Weekly Round Up [March 22 to March 28 2021]
4 years ago

Supreme Court Weekly Round Up [March 22 to March 28 2021]

Live Law  

'Structures Of Our Society Created By Males For Males' : Supreme Court Holds Army's Evaluation Criteria To Grant Permanent Commission For Women Officers ArbitraryCase Title : Lt Col Nitisha and othes v Union of India and othersCitation : LL 2021 SC 181A division Bench of the Supreme Court comprising of Justice DY Chandrachud and Justice MR Shah declared that the. …

States can have sub-groups among SCs/STs: Supreme Court
4 years, 7 months ago

States can have sub-groups among SCs/STs: Supreme Court

The Hindu  

A five-judge Bench of the Supreme Court on Thursday held that States can sub-classify Scheduled Castes and Scheduled Tribes in the Central List to provide preferential treatment to the “weakest out of the weak”. The Chinnaiah judgment had held that allowing States to unilaterally “make a class within a class of members of the Scheduled Castes” would amount to tinkering …

Quota Within Quota: Supreme Court Set to Revive Debate on Creamy Layer Within Scheduled Castes
4 years, 7 months ago

Quota Within Quota: Supreme Court Set to Revive Debate on Creamy Layer Within Scheduled Castes

News 18  

The Supreme Court on Thursday disagreed with its 2004 Constitution Bench verdict, which had ruled against giving preferential treatment to certain sub-castes within the Scheduled Castes. The rethink by the top court is set to revive the debate on concept of creamy layer within SCs, and authorising states to give benefits of quota to groups that were not able to …

Is Sub Classification Of SC-STs Permissible ? SC Constitution Bench To Pronounce Judgment Tomorrow
4 years, 7 months ago

Is Sub Classification Of SC-STs Permissible ? SC Constitution Bench To Pronounce Judgment Tomorrow

Live Law  

The Constitution Bench of the Supreme Court will deliver its judgment on the issue whether it should revisit the decision in E.V. Chinnaiah Vs. State of A. P. 1 SCC 394 in which it was held that sub classification or sub division of Scheduled Caste and Scheduled Tribe by State Legislatures is unconstitutional.The five judge bench comprising Justices Arun Mishra, …

Supreme Court reverses High Court order in defence of 100 per cent reservation for Scheduled Tribes
4 years, 11 months ago

Supreme Court reverses High Court order in defence of 100 per cent reservation for Scheduled Tribes

The Hindu  

The Supreme Court’s five-judge Constitution bench, on April 22, held that providing 100 per cent reservation for Scheduled Tribes in scheduled areas of a State is not permissible. Following this, the Andhra Pradesh government issued a fresh notification in 2000, effectively providing for 100 per cent reservation for S.Ts in respect of appointment to the posts of teachers in the …

Supreme Court recalls verdict diluting SC/ST anti-atrocities law
5 years, 5 months ago

Supreme Court recalls verdict diluting SC/ST anti-atrocities law

The Hindu  

Correcting an error of judgment, the Supreme Court on Tuesday recalled its March 20, 2018 verdict, which bent the written law to protect persons accused of committing atrocities against the Scheduled Castes and the Scheduled Tribes. Goel diluted the Scheduled Castes and Scheduled Tribes Act of 1989, to grant anticipatory bail to accused persons and directed that the police should …

Supreme Court to hear case of SC/ST reservations in promotions on 3 August; no interim order against 2006 verdict
6 years, 8 months ago

Supreme Court to hear case of SC/ST reservations in promotions on 3 August; no interim order against 2006 verdict

Firstpost  

The Supreme Court has scheduled the hearing of the case related to reservations in case of promotions for Scheduled Castes and Scheduled Tribes categories on 3 August, while refusing to pass an interim order against its 2006 verdict which dealt with the application of the concept of ‘creamy layer’ for reservations to SC and ST categories in government job promotions. …

Supreme Court refers Gujarat govt’s EWS quota plea to larger bench
8 years, 6 months ago

Supreme Court refers Gujarat govt’s EWS quota plea to larger bench

Live Mint  

New Delhi: The Supreme Court on Friday referred the issue of allowing 10% reservation for economically weaker sections in government jobs and colleges in Gujarat to a larger bench. Last month, the state moved the apex court challenging a Gujarat high court decision to strike down an ordinance allowing 10% reservation for the EWS category in government jobs and college …

Quota benefits should not be denied to deprived sections: SC
9 years, 1 month ago

Quota benefits should not be denied to deprived sections: SC

India TV News  

New Delhi: The Supreme Court has set aside a Delhi High Court verdict which held that selected persons cannot be accorded quota benefits on account of non-submission of OBC certificate before cut off date, saying weaker sections should not be deprived of reservation as they have been facing "centuries of oppression". A bench comprising Chief Justice T S Thakur and …

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