A five-judge Constitution Bench of the Supreme Court reopened the legal debate on sub-categorisation of Scheduled Castes and Scheduled Tribes for reservations.
The legal issues is referred to as “quota within quota” for SCs and STs.
Basic Facts
-A five-judge Bench headed by Justice Arun Mishra on August 27, 2020 held that States can sub-classify Scheduled Castes and Scheduled Tribes in the Central List to provide preferential treatment to the “weakest of the weak”.
-The Constitution Bench said reservation has created inequalities within the reserved castes itself.
-There is a “caste struggle” within the reserved class as the benefits of reservation are being usurped by a few, the court pointed out.
E.V. Chinnaiah case: The Bench took a contrary view to a 2004 judgment delivered by another Coordinate Bench of five judges in the E.V. Chinnaiah case. The Chinnaiah judgment had held that allowing the States to unilaterally “make a class within a class of members of the Scheduled Castes” would amount to tinkering with the Presidential list.
Referred to Seven Judge Bench: Since a Bench of equal strength (five judges in this case) cannot overrule a previous decision, the court referred it to a larger Bench to settle the law. Now the issue has been referred to a seven-judge Bench of the court.
Examples of quota within quota: In Andhra Pradesh, Punjab, Tamil Nadu and Bihar, special quotas were introduced for the most vulnerable Dalits. In 2007, Bihar set up the Mahadalit Commission to identify the castes within SCs that were left behind.
(Source: The Hindu and Indian Express)
CLICK HERE FOR UPSC PRELIMS CURRENT AFFAIRS MCQ
