New Delhi: Aug28,2020:Disagreeing with its 2004 Constitution Bench verdict, the Supreme Court Thursday referred the issue of giving preferential treatment to certain sub-castes within the Scheduled Castes (SCs) and Scheduled Tribes (STs), to a larger bench.
In doing so, a bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M.R. Shah and Aniruddha Bose asserted that “there are unequals within the list of Scheduled Castes, Scheduled Tribes, and socially and educationally backward classes”.
“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 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 bench observed.
“The entire basket of fruits cannot be given to mighty at the cost of others under the guise of forming a homogeneous class,” it added.
The court said reservations can be made for the sub-castes within the SCs. This is the opposite of what another five-judge bench had held in EV Chinnaiah v State of Andhra Pradesh in 2004.
The court requested Chief Justice of India S.A. Bobde to place the matter before a bench comprising seven judges or more to decide the issue. This larger bench will look into several issues, including the state government’s powers to provide for such a sub-classification and the concept of creamy layer.
