Published on: 01 August, 2024 10:11 IST
The Supreme Court’s seven-judge Constitution Bench will deliver a landmark order today regarding the validity of sub-classifications among reserved categories like Scheduled Tribes (ST) and Scheduled Castes (SC). The bench, led by Chief Justice of India DY Chandrachud, reserved the order after extensive hearings from all concerned parties.
The bench includes Justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra, and Satish Chandra Sharma. During the hearings, the court remarked on whether the children of the advantaged groups within SC and ST categories should continue to avail of reservations. The court also deliberated on the notion of the homogeneity of these classes.
The Central Government has expressed support for sub-classifications among Scheduled Tribes and Scheduled Castes, arguing that such measures could address disparities within these groups. The case also involves the constitutional validity of Section 4(5) of the Punjab Act, which proposes classifications within SC and ST categories. The Supreme Court is considering whether it is permissible to provide further reservations to the weakest members of these groups, particularly when the benefits of reservation have not trickled down to them.
The Punjab Government’s stipulation that fifty percent of vacancies reserved for Scheduled Castes in direct recruitment be offered to Balmikis and Mazhabi Sikhs, subject to availability, has also been under scrutiny. This provision was struck down by the Punjab and Haryana High Court on March 29, 2010, citing the decision in EV Chinnaiah. The appeal against this judgement brought the matter to the Supreme Court, and in August 2020, the case was referred to the larger bench.
The Supreme Court’s decision today could have significant implications for the future of reservations in India, addressing longstanding issues of inequality and the distribution of benefits within reserved categories.