Tribune News Service
New Delhi, August 27
Can the state give reservations to sub-castes within the Scheduled Castes? The issue will be decided by a seven-judge Constitution Bench after a five-judge Constitution Bench on Thursday delivered a verdict contrary to an earlier one by a Bench of the same strength.
The five-judge Constitution Bench, headed by Justice Arun Mishra, ruled that provision can be made for reservation for the sub-castes within Scheduled Castes, saying, "The entire basket of fruits cannot be given to mighty at the cost of others under the guise of forming a homogeneous class."
"There are un-equals within the list of Scheduled Castes, Scheduled Tribes and socially and educationally backward classes. Various reports indicate that Scheduled Castes and Scheduled Tribes do not constitute a homogenous group. The aspiration of equal treatment of the lowest strata, to whom the fruits of the reservation have not effectively reached, remains a dream. At the same time, various castes by and large remain where they were, and they remain un-equals. Are they destined to carry their backwardness till eternity?" the Bench asked.
"The constitutional goal of social transformation cannot be achieved without taking into account changing social realities," it said.
It disagreed with an earlier Constitution Bench judgment delivered in 2004, which had ruled against giving preferential treatment to sub-castes within Scheduled Castes.
"Once the state has the power to give reservations, it can also make sub-classification to extend benefit to those sub-castes not receiving the benefit," the top court said in its latest verdict.
The verdict came in a case arising out of an appeal filed by Punjab Government challenging a 2010 verdict of the Punjab and Haryana High Court striking down Section 4(5) of the Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006.
The provision provided for 'first preference' to the Balmikis and Mazbhi Sikhs for SC quota in public employment.
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- Five-judge Bench delivered a verdict contrary to an earlier one by a same-strength Bench
- The SC said there are unequals within the list of SCs, STs and backward classes
- Entire basket of fruits cannot be given to the mighty at the cost of the needy, it said
from The Tribune https://ift.tt/2YJ1ELD
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