Mukesh Ambani loses Rs 132000 crore in 4 days amid market sell-off
IND vs NZ, Women’s T20 World Cup 2024: New Zealand beat India by 58 runs in controversy-marred match
Rohit Sharma: The True Epitome of Leadership in the Cricket World
Chef Vikas Khanna sends a special video to Rachana Shah and Rhythm Wagholikar
Watch: West Indies spinner Zaida James gets hit on face during Women's T20 World Cup 2024 match
Ticking Clock: Israel's Response To Iran's Missile Attack
Anil Ambani's Reliance Power shares plunge by 5% a day after company announces...
Donald Trump vs Kamala Harris: Who is ahead in the race of US Presidential Election 2024?
Amid divorce rumours with Abhishek Bachchan, Aishwarya Rai's old diary page goes viral, it reads...
Security fortified for India vs Bangladesh T20I match in Gwalior, what's the threat
Israel removes controversial map of India after social media outcry over J-K depiction
Meet former IPS officer, who once led NIA for 4 years, now appointed new chief of BCCI's...
Chhattisgarh: 28 naxals killed in encounter with police along Dantewada border
CBI arrests NIA officer for demanding Rs 2.5 crore bribe, here's what happened
SC rejects petitions seeking review of judgement allowing sub-classification of Scheduled Castes
Former cricketer and actor Salil Ankola's mother found dead in Pune flat
PCOS and PCOD: What's the difference? Symptoms, causes, treatment, prevention
Meet richest man of Kanpur with whopping net worth of Rs 14000 crore, he is the mastermind behind...
'Rs 25 charge per toilet seat..': Himachal Pradesh govt clarifies on sewerage charges
Who is Gia 'Goyal', related to Zomato CEO Deepinder Goyal, with net worth of Rs 142850150000
Meet actress who speaks 9 languages, was abused on TV, opted out of Ajay Devgn film, she is...
Meet woman who begged in childhood, became doctor after 20 years of struggle, now she is...
IndiGo's Rakesh Gangwal makes HUGE investment in US Airline, buys 3600000 shares worth Rs....
What is pleasure marriage? Why Indonesian women are getting married to tourists?
Meet tuition teacher who became CEO of Rs 29787 crore company, resigned due to...
'Rules changed because…': Ex-cricketer's BIG CLAIM on MS Dhoni's IPL career
EAM S Jaishankar to travel to Pakistan for SCO Summit 2024 on...
Vistara-Air India merger: How to transition flights, handle baggage, access lounges from Nov 12
After Pathaan, Salman Khan set to make an impressive cameo in Atlee's film starring THIS actor
'Virat Kohli one of the greatest, Babar Azam yet to...': Ex-Pakistan cricketer denies any comparison
Maharashtra Deputy Speaker, NCP leaders jump from building, know why
'Kar diya 2024 mein murder...' Delhi teen shares SHOCKING social media post after killing doctor
Indian designer Anita Dongre launches first Diwali barbie in Rajasthan-inspired lehenga
Meet man, who left govt job as Assistant Excise Officer, used to get Rs 50000000, now works as...
India 5th country to operate hydrogen train, will run from…, know distance, route, other details
Anil Ambani's this move brings Reliance Power shares in focus, know details here
This engineer lands Google job, gets record-breaking offer, not from IIT, NIT
War in Middle East and silence of Arab world
Govinda discharged from hospital after surviving bullet injury, greets fans with flying kisses
Good news for iPhone users, more Apple stores coming to THESE Indian cities soon
When Anushka Sharma opened up on ‘catfight’ with Deepika Padukone: ‘We have a history, so…’
'Usne aag lagayi team mei…': Ex-cricketer makes big claim on Virat Kohli's captaincy days
Maldives President Mohamed Muizzu likely to visit India next week, here's what we know so far
Dengue fever: Amid rising cases, this Ayurvedic drink can be preventive hack
This Indian train offers free food to passengers throughout its journey, it runs from...
How Anil Ambani's sons, Jai Anmol Ambani and Jai Anshul Ambani, are changing Reliance Power's fate?
Tirupati Laddu Row: Supreme Court orders probe by SIT under CBI supervision
People of this unique village live in two countries, some have kitchen in India and bedroom in...
Mark Zuckerberg has become world's second-richest person, earned Rs 639600 crore in just...
Big challenge for Mukesh Ambani’s Reliance Jio as BSNL plans to roll out...
Devara box office day 7 shows Jr NTR film bombing in front of Baahubali, RRR, Animal, Stree 2
'Answer is...': Will US President Joe Biden back Israeli strike on Iranian nuclear programme sites?
Big move by Gautam Adani, his company signs Rs 815 crore deal to acquire...
Meet Maya Tata, likely heir to India's leading business empire, she is Ratan Tata's...
Mukesh Ambani’s first business wasn't Reliance Industries, his journey started with...
Udaipur leopard scare: 7 killed in Rajasthan, people cower, schools shut
Meet man, who signed his IAS father's resignation orders post-retirement, he is...
INDIA
The judgement was delivered by the seven-judge bench led by Chief Justice of India DY Chandrachud which overruled earlier judgments in EV Chinnaiah case which had held that sub-classification was not permissible because SC/STs form homogenous classes.
TRENDING NOW
The Supreme Court recently rejected the petitions seeking review of the Constitution Bench judgement that ruled that state has power to sub-classify Scheduled Castes and Scheduled Tribes (SCs/STs). The order was delivered by the seven-judge bench led by Chief Justice of India DY Chandrachud. "The review petitions are dismissed. Having perused the review petitions, there is no error apparent on the face of the record. No case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013 has been established," the top court said.
The review petition was filed challenging the top court August 1's judgement. On August 1, the Supreme Court ruled by a majority judgement of 6:1 that sub-classification within the scheduled caste and scheduled tribes (SC/STs) reservation is permissible. As many as six separate opinions were delivered in the case.
The judgement was delivered by the seven-judge bench led by Chief Justice of India DY Chandrachud which overruled earlier judgments in EV Chinnaiah case which had held that sub-classification was not permissible because SC/STs form homogenous classes. Besides CJI Chandrachud, other judges on the bench were Justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra, and Satish Chandra Sharma. Justice Bela M Trivedi, in a dissenting opinion said that she disagreed with the majority judgement that sub-classification within the scheduled caste and scheduled tribes is permissible. In a judgement written by Chief Justice of India D Y Chandrachud and Manoj Misra, they opined that Article 14 of the Constitution permits sub-classification of a class which is not similarly situated for the purpose of the law.
The Supreme Court opined the need of the identifying creamy lawyer in SC/STs as four out of seven judges of Constitution Bench suggested to exclude these people from the benefit of affirmative reservation. Justice BR Gavai had expressed his view that the state must evolve a policy for identifying the creamy layer for the Scheduled Castes and Scheduled Tribes (SC/STs). Additionally, the top court said that for a valid exercise of power to sub-classify under Article 16(4) it is required to collect quantifiable data with respect to the inadequacy of representation of the sub-categories in the services of the state.
"The State must collect data on the inadequacy of representation in the "services of the State" because it is used as an indicator of backwardness; and Article 335 of the Constitution is not a limitation on the exercise of power under Articles 16(1) and 16(4). Rather, it is a restatement of the necessity of considering the claims of the Scheduled Castes and the Scheduled Tribes in public services. Efficiency of administration must be viewed in a manner which promotes inclusion and equality as required by Article 16(1)," CJI said. "As held in the preceding section, the inadequacy of representation is an indicator of backwardness and thus, to use the cadre as a unit to determine representation alters the purpose of the indicator itself. The state while deciding if the class is adequately represented must calculate adequacy based on effective and not quantitative representation," CJI Chandrachud said. The top court had said, though sub-categorization based on each caste is permissible, we are of the opinion that there can never be a situation where seats are allocated for every caste separately. Though each caste is a separate unit, the social backwardness suffered by each of them is not substantially distinguishable to warrant the State to reserve seats for each caste. If the social backwardness of two or more classes is comparable, they must be grouped together for the purposes of reservation. "Article 14 of the Constitution permits sub-classification of a class which is not similarly situated for the purpose of the law. The court while testing the validity of sub-classification must determine if the class is a homogenous integrated class for fulfilling the objective of the sub-classification. If the class is not integrated for the purpose, the class can be further classified upon the fulfilment of the two-prong intelligible differentia standard," CJI Chandrachud said in its August 1's order. "In Indra Sawhney (supra), this Court did not limit the application of sub-classification only to the Other Backward Class.
This Court upheld the application of the principle to beneficiary classes under Articles 15(4) and 16(4)," CJI Chandrachud said. "Article 341(1) does not create a deeming fiction. The phrase "deemed" is used in the provision to mean that the castes or groups notified by the President shall be "regarded as" the Scheduled Castes. Even if it is accepted that the deeming fiction is used for the creation of a constitutional identity, the only logical consequence that flows from it is that castes included in the list will receive the benefits that the Constitution provides to the Scheduled Castes. The operation of the provision does not create an integrated homogenous class," CJI Chandrachud said in its August 1's order. Sub-classification within the Scheduled Castes does not violate Article 341(2) because the castes are not per se included in or excluded from the List, the top court has held. The top court has said that sub-classification would violate the provision only when either preference or exclusive benefit is provided to certain castes or groups of the Scheduled Castes over all the seats reserved for the class.
The Seven Judge Constitution Bench was dealing with issues relating to the sub-classification of reserved communities like SCs and STs. The Supreme Court was dealing with the constitutional validity of Section 4(5) of the Punjab Act, which depends upon whether any such classification can be made within the class of Scheduled Castes or Scheduled Tribes or whether they are to be treated as a homogenous class.