Affluent sub-castes among backward classes may be excluded from quota list, observes Supreme Court
- A seven-judge Constitution Bench questioned why affluent sub-castes among backward classes should not be “excluded” from the reservation list.
- The court observed that these castes should be made to compete with the general category.
Observations of the Court
- These advanced sub-castes could exit the domain of reservation to make room for sub-castes who were relatively more marginalised or most backward.
- The court interpreted that exclusion implicit in reservation.
- The ‘forwards’ among ‘backwards' should make ground for the marginalised.
- This will lead the nation to the substantive equality and not formal equality,
- States can identify and sub-classify groups within the Scheduled Caste (SC) category who deserve greater reservation.
The Case of Punjab Government on Reservation
- The Punjab government is defending its law that sub-classifies groups within the Scheduled Caste (SC) category to provide greater reservation.
- Punjab argues that states have the authority to identify sub-castes within SCs and grant them more reservation based on their level of marginalization.
- This power of the President of India does not take away the power of the States
- To identify more backward sub-castes or groups among them who require special attention and benefits.
- The State defends the validity of the Punjab Scheduled Caste and Backward Classes (Reservation in Services) Act of 2006.
- The act gives preference to specific sub-groups within the SC category. This provision was initially struck down by the State High Court based on a previous Supreme Court judgment.
- However, Punjab argues that sub-classification aids equality by targeting the most marginalized within the SC community.
- The state emphasizes that its goal is inclusivity and ensuring benefits reach all backward groups.
- The debate includes discussions on
- Whether reservation leads to exclusion
- The efficiency of government
- The varying degrees of marginalization within backward communities.
- The Supreme Court bench is considering these arguments regarding the constitutionality and effectiveness of sub-classification within reservation policies.
- The President, under Articles 341 and 342, has designated castes and tribes for the entire nation.
Prelims Takeaway
- Punjab Scheduled Caste and Backward Classes (Reservation in Services) Act of 2006.
- Article 341 and 342 of the Constitution of India
- Indira Sawhney v Union of India