Castes which have progressed by dint of quota should give it up, says Supreme Court

Satya Prakash

New Delhi, February 6

The Supreme Court on Tuesday said the castes which have progressed by benefiting from reservation should compete with the general category, leaving the quota for those still lagging behind.

On the first day of arguments on the issue of sub-categorisation in Scheduled Castes and Scheduled Tribes for availing of quota benefits, a seven-judge Constitution Bench led by CJI DY Chandrachud posed several thought-provoking questions on the contentious issue.

The Bench which also included Justice BR Gavai, Justice Vikram Nath, Justice Bela M Trivedi, Justice Pankaj Mithal, Justice Manoj Misra and Justice SC Mishra is examining if states can sub-classify Scheduled Castes/Scheduled Tribes to ensure greater reservations of some SC/ST groups over others. It’s also considering if the exclusion of sub-classification within Scheduled Caste and Scheduled Tribe categories is invalid even when the same is permitted for the Socially and Educationally Backward Classes categories.

“Why shouldn’t there be an exclusion? According to you, amongst a particular category, some of the sub-castes have done better. They are the forward in that category. They should come out of that and compete with the general (category). Why stay there? And let the remaining — who are still backward within the backward… let them get the reservation… Once you achieve the purpose of reservation, you should pull out of that reservation,” Justice Nath said, summing up the arguments of Punjab Advocate General Gurminder Singh.

“That’s the aim… and if that aim is achieved, then the purpose for which the exercise was undertaken should come to an end,” Singh replied.

“Reservation is no benevolence… it’s not an act of benevolence by the entitled to the needy at all. If at all it’s the compensation for centuries of oppression for the needy… what has been done is most certainly not enough,” the Advocate General said.

Justice Gavai, however, said it’s for Parliament to take a call on the issue. “If within a particular backward class, certain castes have reached that position and they are on a par (with general category), then they should move out, but that’s again for Parliament…As we are deciding an important issue… so just giving a thought for consideration of all,” Justice Gavai said.

“A person from a scheduled caste or scheduled tribe gets into IPS. So, once he’s an IPS, IFS, his children don’t suffer the disadvantages that the persons from category who are residing in the villages suffer. But then by virtue of reservation, they are also entitled to get it (reservation) the second generation and again the third generation,” Justice Gavai pointed out.

The CJI said the sub-classification permitted in Indira Sawhney for OBCs was not permitted in SC/ST as  it’s one homogenous class and “Once Parliament has designated a class, you cannot subdivide, sub classify.”

The top court is testing the validity of the Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006 which provided for 50 per cent reservation with the first preference’ to ‘Valmikis’ and ‘Mazhabi Sikhs’ in public employment within the quota meant for SCs. The Punjab and Haryana High Court had declared Section 4(5) of the Act unconstitutional, saying it went against its 2005 ruling in EV Chinnaiah vs State of Andhra Pradesh that said SCs formed a homogenous class and there can’t be any sub-division in the category.