Supreme Court said - only some castes are getting benefits, some are still backward
Posted by Supreme Court said - only some castes are getting benefits, some are still backward
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The Supreme Court will reconsider its 2004 judgment stating that Scheduled Castes and Scheduled Tribes (SC-ST) cannot be classified into small sub-classes for the purpose of providing reservation in education and government jobs.
A five-member constitution bench headed by Justice Arun Mishra on Thursday referred the matter of classification in SC-ST to a seven-judge bench. This decision may have far-reaching political implications.
It is believed that through the hearing, the debate about the so-called creamy layer of SC-ST will start once again.
A five-member constitution bench headed by Justice Arun Mishra on Thursday ruled that there is inequality within the SC-ST group, with states being empowered to sub-classify what they are given in view of the country's federal structure.
Gives the right to provide reservation for backward classes.
The bench asked the Supreme Court to review its previous judgment on the SC-ST sub-classification.
The bench said, “The benefit in the case is for all the castes included in the SC list. It is being used by some castes that have adequate representation, they are from advanced and creamy layers.
In such a situation, this inequality will be fatal because it is necessary to feed and provide bread to every person when hungry.
In the guise of creating a homogeneous class, all things cannot be given to the powerful class at the cost of the rights of others.
The truth is that where some castes were before, they are still there.
The bench also said that reservation for the weaker sections was not considered by the framers of the constitution and that constitutional goals cannot be achieved without taking into account social change.
The court bench said that if the state government had the power to give reservations, it also had the power to create sub-classification.
Let us know that the creamy layer is used for the rich people inside the Other Backward Classes (OBC), who are not eligible for reservation.
Those people fall in this category whose annual earnings are more than eight lakhs.
In government jobs and university seats, SC has 15 percent, ST has 7.5 percent and OBC has 27 percent quota.
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