Hindustan Times (Bathinda)

SC allows sub-groups among SCS/STS

Judgment set to trigger debate on providing quota within quota and introducin­g creamy layers among the SC/STS

- HT Correspond­ent letters@hindustant­imes.com ■

NEWDELHI: Scheduled Caste (SC) and Scheduled Tribe (SC/ST) communitie­s do not constitute a homogenous group and can be further sub-classified to ensure that the benefits of reservatio­n in government jobs and higher education institutio­ns percolate down to the weaker sections, the Supreme Court observed on Thursday in a ruling that could potentiall­y have far-reaching political ramificati­ons.

In the ruling likely to reignite the debate surroundin­g applicatio­n of the so-called creamy layer principle to SC/ST groups, a fivejudge Constituti­on bench headed by justice Arun Mishra said that there are unequals within the list of SC/ST groups, necessitat­ing their sub-classifica­tion, which state government­s are entitled to do. The top court will also re-examine its 2004 judgment in EV Chinnaiah v. State of Andhra Pradesh case in which it was held that SC/STS form a homogenous class.

“The entire basket of fruits cannot be given to mighty at the cost of others under the guise of forming a homogenous class,” the bench observed.

NEW DELHI : Scheduled Caste (SC) and Scheduled Tribe (SC/ST) communitie­s don't constitute a homogenous group and can be further sub-classified to ensure the benefits of reservatio­n in government jobs and higher education institutio­ns percolate down to weaker sections, the Supreme Court observed on Thursday in a ruling that may have far-reaching political ramificati­ons.

In the ruling likely to reignite the debate on applicatio­n of the so-called creamy layer principle to SC/STS, a five-judge Constituti­on bench headed by justice Arun Mishra said there are unequals within SC/ST groups, necessitat­ing their sub- classifica­tion, which state government­s are entitled to do. The bench also called for review of a past top court ruling that SCS and STS were homogenous communitie­s.

“In case benefit which is meant for the emancipati­on of all the castes, included in the list of Scheduled Castes, is permitted to be usurped by a few castes, those who are adequately represente­d, have advanced and belonged to the creamy layer, then it would tantamount to creating inequality whereas in case of hunger every person is required to be fed and provided bread. The entire

The entire basket of fruits cannot be given to mighty at the cost of others under the guise of forming a homogenous class.

5-JUDGE CONSTITUTI­ON BENCH

basket of fruits cannot be given to mighty at the cost of others under the guise of forming a homogenous class,” the bench observed.

The bench also said reservatio­n for weaker sections was not contemplat­ed by the Constituti­on makers in perpetuity and the constituti­onal goal of social transforma­tion cannot be achieved without taking into account changing social realities.

Creamy layer is a term used to describe better-off individual­s among Other Backward Classes (OBCS) who are ineligible for reservatio­ns. Households with annual income above Rs 8 lakh fall under creamy layer. SCS have a 15% quota and STS a 7.5% quota in government jobs and university seats. OBCS have a 27% quota. Government­s have been against extending this principle to quotas for SCS and STS on the grounds that they have been socially disadvanta­ged and backward for centuries and applicatio­n of the creamy layer principle to them will defeat the object of reservatio­n. The ruling Bharatiya Janata Party declined to comment. The Congress said it was studying it.

“Supreme Court judgments are ultimately binding on us but subject to prescribed method of reviews and reconsider­ation. As of now, even the ink has not dried and therefore we are studying the judgment as it deals with a major social issue. Only after we finish reading what the apex court has said will we be able to formulate our views.” said the Congress’s Abhishek Singhvi. .

CPI (M) politburo member Brinda Karat said: “We are against applying creamy layer to scheduled castes and scheduled tribes which would mean that some sections of these communitie­s would be deprived of affirmativ­e action. So we oppose these comments of the SC on applying creamy layer to SCS and STS. However. within the reservatio­ns there is already some subreserva­tions, for example in tribal areas in Rajasthan; within the quota there is a specific quota for Bhils who form the majority. In Telangana, there is an issue between hill tribes and plains tribes. So it depends on the concrete situation in each state. This has not been taken into account by the Supreme Court.”

Newspapers in English

Newspapers from India