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Added on : 2024-08-01 11:54:12

In a 6:1 verdict, the Supreme Court on Thursday held that subclassification of Scheduled Castes and Scheduled Tribes was permissible to grant separate quotas for the more marginalised among backward communities. Justice Bela Trivedi has dissented.

The Constitution bench, led by Chief Justice of India (CJI) DY Chandrachud, overruled the 2005 judgment of the top court that had held that state governments had no power to create sub-categories of SCs for the purpose of reservation. The verdict overrules the 2004 judgment of a five-judge Constitution bench in the case of EV Chinnaiah vs State of Andhra Pradesh.

"The members of SC/ST categories are not often unable to climb up the ladder due to the systemic discrimination they face. Article 14 permits sub-classification of caste," the Chief Justice said, adding, "Historical evidence shows that depressed class were not a homogenous class."

Justice BR Gavai said, "I have referred to a speech of Dr BR Ambedkar in 1949 where he said that unless we have social democracy there is no use of political democracy."

 

Editor & Publisher : Dr Dhimant Purohit

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