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 of Chinnaiah v. State of Andhra Pradesh, which held that subclassification was not permissible within SC/ST categories. Because having been designated, there still exists an enabling power conferred upon the parliament or for that matter as my brother says the executive.” Heterogeneity Exists Within The Scheduled Castes - Mr Sibal Demonstrates Stressing the prevalence of diverse groups and their varied struggles and degrees of discrimination within the category of Scheduled Castes, Mr Sibal explained that occupational differences led to the creation of subclasses within the backward class. that's not true, for being an SC/ST is about historical backwardness and its constitutional attornment for discrimination, so determining who an SC is, it says that it is the historic untouchability that is for the determination of SCs, social and educational backwardness defined in Article 366, came in by way of amendment after the Indra Sahwney judgement” Addressing the earlier discussion on the Creamy layer by Justice Gavai, Mr Gopal S. also brought to the attention of the bench that as per his knowledge, there has been no Office Memorandum which has been issued for the removal of the creamy layer amongst the SC/STs. In the Chinnaiah case there was a report of Justice Raju who collected imperial data.on the basis of which the classification was made into A, B, C, and D. Now this classification of the SC must also pass the test of classification with lordships have laid down - intelligible differential, nexus to the object if these two tests are satisfied where is the question of going into subclassification and say it is violative of 14.. the court has not taken to account empirical data, no factual foundation, the court has not applied the test of Article 14” Mr Naphade stressed the fact that while the Court in Indra Sahwney tested classifications of OBC under Article 14's test why didn't the same be done in Chinnaiah?

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History of this topic

West Bengal informs Supreme Court of fresh exercise to identify Backward Classes
1 week, 1 day ago

West Bengal informs Supreme Court of fresh exercise to identify Backward Classes

The Hindu  

The West Bengal government informed the Supreme Court on Tuesday that the State’s Backward Classes Commission is embarking on a fresh exercise to identify Socially and Educationally Backward Communities who warrant inclusion in the State’s Other Backward Classes List. The State had appealed the Supreme Court against a Calcutta High Court judgment striking down its policy to include several castes, …

Bombay High Court Upholds Rules Prescribing Limit On Civil Services Attempts For Persons With Benchmark Disability Based On Caste Status
1 month, 1 week ago

Bombay High Court Upholds Rules Prescribing Limit On Civil Services Attempts For Persons With Benchmark Disability Based On Caste Status

Live Law  

The Bombay High Court has dismissed a petition challenging Rule 3 of the Civil Services Examination Rules 2024 which grants Persons with Benchmark Disability under the General/Economically Weaker Section /Other Backward Classes category 9 attempts, providing unlimited attempts to those belonging to SC/ST category. The Court was of the view that though PwBD is a distinct class since it is …

Manda Krishna wants government to rectify deficiencies in SC categorisation report before enacting legislation
1 month, 2 weeks ago

Manda Krishna wants government to rectify deficiencies in SC categorisation report before enacting legislation

The Hindu  

Madiga Reservation Porata Samithi founder president Manda Krishna has urged the State government to rectify the lapses in the report accepted for categorisation of Scheduled Castes to ensure equitable justice to all sub-castes within the SCs. Welcoming the government’s initiative to categorise Scheduled Castes in line with the verdict of the Constitutional Bench of the Supreme Court, he requested the …

Punjab & Haryana HC Upholds Reservation For SC/STs In Punjab Municipal Corporation Ward, Says It Ensures Representation In Local Self-Body
2 months, 3 weeks ago

Punjab & Haryana HC Upholds Reservation For SC/STs In Punjab Municipal Corporation Ward, Says It Ensures Representation In Local Self-Body

Live Law  

The Punjab & Haryana High Court upheld the reservation made in a ward in Punjab's Nagar Panchayat Khanauri, Sangrur for the Punjab Municipal Corporation election, observing that the roster for reserving seats is created to ensure representation of the backward class category of candidates in local self-bodies.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "Needless, to say. Justice Sureshwar Thakur …

Emerging Threat For “Original” Lists Of Scheduled Castes/Scheduled Tribes Published Under Article 341 Of Constitution
3 months ago

Emerging Threat For “Original” Lists Of Scheduled Castes/Scheduled Tribes Published Under Article 341 Of Constitution

Live Law  

The Punjab and Haryana High Court stayed the government order holding In the meanwhile, in view of the law laid down by the Supreme Court in the cases of State of Maharashtra v. Milind and others 2001 SCC 4 and E.V.Chinnaiah v. State of A.P. The five judges' bench of the Supreme Court again affirms in the case of State …

Subclassification of Scheduled Castes trigger arguments in assembly
4 months, 1 week 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 …

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
6 months, 3 weeks 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 …

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

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 …

The debate continues over ‘creamy layer’ in India’s reservation system
7 months, 2 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, 2 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, 2 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 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, …

Article 341 Intends To Only Give 'Constitutional Identity' To Scheduled Castes; Not To Hold Them As 'Homogenous Class' : Supreme Court
7 months, 3 weeks ago

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

Live Law  

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 …

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, 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 …

Why has Supreme Court re-examined subclassification in SC-ST quotas? Explained
7 months, 3 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, 3 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, 3 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, 3 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, 3 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, 1 week 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 …

Can 'Sikh Chamar' Be Regarded As 'Mochi' Caste In Maharashtra? Supreme Court Considers In Navneet Kaur Rana's Case
1 year, 1 month ago

Can 'Sikh Chamar' Be Regarded As 'Mochi' Caste In Maharashtra? Supreme Court Considers In Navneet Kaur Rana's Case

Live Law  

The Supreme Court on Thursday, resuming its hearing on the issue of cancellation of the caste certificate of Amravati MP Navneet Kaur Rana, dwelled into the aspect of the purpose and scope of the Constitution Order, 1950 and how the designation of Scheduled Castes in different states varied on sociological basis. He said, “It enumerates not just the caste, the …

Subcategorization Of SC/STs Can Help More Backward Classes, But Guidelines Needed To Avoid Play Of Popular Politics : Supreme Court [Day 3]
1 year, 1 month ago

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

Live Law  

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 …

Preferential treatment by States of most backward is not tinkering with Presidential list: Supreme Court
1 year, 1 month ago

Preferential treatment by States of most backward is not tinkering with Presidential list: Supreme Court

The Hindu  

The Supreme Court on Thursday said individual States’ decision to provide preferential allotment of reservation benefits to the most backward groups or “the untouchables among the untouchables” will not amount to tinkering with the power of the Parliament to include or exclude Scheduled Castes or Scheduled Tribes from the Presidential list. The Bench is examining the question whether States can …

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 …

Make Scheduled Caste Status Religion Neutral : Plea In Supreme Court
1 year, 8 months ago

Make Scheduled Caste Status Religion Neutral : Plea In Supreme Court

Live Law  

A petition has been filed in the Supreme Court seeking a declaration that 'religion' should not be used as a criterion to grant Scheduled Caste status.On July 3, a bench headed by Justice Sanjay Kishan Kaul ordered that the petition filed by Tamil Activist Kundanthai Arasan to be tagged along with the pending petition seeking SC reservations for Christian and …

Supreme Court to hear plea to make Scheduled Caste status ‘religion-neutral’
1 year, 8 months ago

Supreme Court to hear plea to make Scheduled Caste status ‘religion-neutral’

The Hindu  

July 04, 2023 07:49 pm | Updated 07:49 pm IST - NEW DELHI The Supreme Court has taken on board a plea to stop using religious identity as a criterion to afford or deny communities a place within the Scheduled Caste bracket. A Bench headed by Justice Sanjay Kishan Kaul, on July 3, ordered the petition filed by Kudanthai Arasan, …

SC agrees to hear appeal on January 4 challenging direction to hold U.P. municipal polls without reservation for OBC
2 years, 2 months ago

SC agrees to hear appeal on January 4 challenging direction to hold U.P. municipal polls without reservation for OBC

The Hindu  

The Supreme Court on January 2 agreed to list on January 4 an appeal filed by the Uttar Pradesh government challenging an Allahabad High Court direction to hold local body elections in the State without reservation for Other Backward Classes. The case raises the fundamental question whether quota for political representation in urban self-government bodies can be equated with reservation …

In affidavit in SC, Centre defends exclusion of Dalit Christians, Dalit Muslims from scheduled castes' list
2 years, 4 months ago

In affidavit in SC, Centre defends exclusion of Dalit Christians, Dalit Muslims from scheduled castes' list

Firstpost  

The affidavit was filed in response to a plea of NGO Centre for Public Interest Litigation seeking an extension of reservation and other benefits to people from Dalit communities who converted to Islam and Christianity New Delhi: The Centre has defended the exclusion of Dalit Christians and Dalit Muslims from the list of scheduled castes, saying historical data shows no …

Reservation in public employment
2 years, 9 months ago

Reservation in public employment

The Hindu  

The jurisprudence of reservation relies on the symbiotic coexistence of constitutionally guaranteed equality of opportunity in public employment under Article 16 of the Constitution of India and classifications thereunder various clauses of the same article, especially Article 16 and Article 16, which are in the nature of facilitating provisions, vesting a discretion on the government to consider providing reservations for …

Sub-Classification Amongst Backward Classes Permissible : Supreme Court In Vanniyar Quota Case
2 years, 11 months ago

Sub-Classification Amongst Backward Classes Permissible : Supreme Court In Vanniyar Quota Case

Live Law  

The Supreme Court, in its judgment Vanniyar Quota Case, observed that sub-classification amongst backward classes is permissible. No doubt can be entertained about the permissibility of sub-classification amongst backward classes", the bench comprising Justices L. Nageswara Rao and B R. The Supreme Court, in its judgment Vanniyar Quota Case, observed that sub-classification amongst backward classes is permissible. Case details Pattali …

Supreme Court Rejects Maharashtra Backward Classes Commission's Interim Report Recommending 27% OBC Quota In Local Bodies
3 years ago

Supreme Court Rejects Maharashtra Backward Classes Commission's Interim Report Recommending 27% OBC Quota In Local Bodies

Live Law  

The Supreme Court on Thursday refused to accept the interim report filed by the Maharashtra State Backward Classes Commission which recommended the restoration of 27% reservation for Other Backward Classes in local body elections.Noting that the interim report was prepared without empirical study and research, the Court directed the State of Maharashtra and the State Election Commission. The Supreme Court …

Govts need to collect quantifiable data: SC on reservations to SC/ST employees
3 years, 1 month 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 …

Puducherry Local Body Elections: Madras High Court To Decide If Reservation For Backward Classes Is Mandatory
3 years, 3 months ago

Puducherry Local Body Elections: Madras High Court To Decide If Reservation For Backward Classes Is Mandatory

Live Law  

In a batch of petitions challenging the withdrawal of reservation for Backward Classes and Scheduled Tribes in the upcoming Puducherry local body elections, the Madras High Court is set to examine if providing reservation for BC is mandatory as per the Constitutional provisions or not. The senior Counsel for the state has also said that Articles 243- and 243- which …

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 …

Supreme Court Issues Notice On Challenge Against Tamil Nadu Law On Reservation For Most Backward Classes & Denotified Communities
3 years, 8 months ago

Supreme Court Issues Notice On Challenge Against Tamil Nadu Law On Reservation For Most Backward Classes & Denotified Communities

Live Law  

The Supreme Court on Friday issued notice on two petitions challenging Tamil Nadu Special Reservation of Seats in Educational Institutions and in appointments under the State within Reservation for Most Backward Classes and Denotified Communities Act, 2021.A Bench of Justices L. Nageswara Rao and S. Ravindra Bhat tagged the pleas with two other pending petitions on a similar issue. The …

States have no power to draw up own lists of backward classes: Supreme Court
3 years, 10 months ago

States have no power to draw up own lists of backward classes: Supreme Court

Hindustan Times  

The Supreme Court on Wednesday ruled that after a constitutional amendment in 2018, state governments have no power to draw up their own lists of backward classes and that they must rely on the Centre to include or exclude any community for granting reservation. By a 3-2 majority, a five-judge bench interpreted the 102nd constitutional amendment By a 3-2 majority, …

SC Issues Notice On Plea Seeking Enumaretion Of OBCs In Census 2021
4 years, 5 months ago

SC Issues Notice On Plea Seeking Enumaretion Of OBCs In Census 2021

Live Law  

The Supreme Court on Thursday issued notice to the Union of India on a Public Interest Litigation seeking for inclusion of the enumeration of Other Backward Classes in the country in the Census to be conducted in 2021.A Bench headed by Chief Justice of India SA Bobde presided over the matter and proceeded to issue notice. According to the petitioner …

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 …

For the weakest: The Hindu Editorial on sub-classification among SCs
4 years, 6 months ago

For the weakest: The Hindu Editorial on sub-classification among SCs

The Hindu  

The Supreme Court has given cogent reasons for a reconsideration of the verdict given by a five-judge Bench in 2004 that State legislatures have no power to create sub-classifications among the list of Scheduled Castes notified by the President. A five-judge Bench headed by Justice Arun Mishra has affirmed the competence of the States to give preferential treatment to the …

States can have sub-groups among SCs/STs: Supreme Court
4 years, 6 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, 6 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 …

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