{"id":255004,"date":"2025-01-10T00:28:20","date_gmt":"2025-01-09T18:58:20","guid":{"rendered":"https:\/\/arunachaltimes.in\/?p=255004"},"modified":"2025-01-10T00:28:20","modified_gmt":"2025-01-09T18:58:20","slug":"executive-legislature-to-take-call-on-exclusion-from-reservation-sc","status":"publish","type":"post","link":"https:\/\/arunachaltimes.in\/index.php\/2025\/01\/10\/executive-legislature-to-take-call-on-exclusion-from-reservation-sc\/","title":{"rendered":"Executive, legislature to take call on exclusion from reservation: SC"},"content":{"rendered":"

NEW DELHI, 9 Jan:<\/strong> The Supreme Court on Thursday said that the executive and the legislature would decide whether persons who have availed quota benefits and are in a position to compete with others are to be excluded from reservation.<\/p>\n

A bench of Justices BR Gavai and Augustine George Masih made the observation on a plea referring to a seven-judge Constitution bench judgement of the apex court in August last year.<\/p>\n

“We have given our view that taking into consideration the past 75 years, such persons who have already availed benefits and are in a position to compete with others, should be excluded from reservation. But it is a call to be taken by the executive and the legislature,” said Justice Gavai.<\/p>\n

The Constitution bench, by a majority verdict, held that states are constitutionally empowered to make sub-classifications within the scheduled castes (SC), which form a socially heterogeneous class, for granting reservation for the upliftment of castes that are socially and educationally more backward among them.<\/p>\n

Justice Gavai, who was part of the Constitution bench and penned a separate verdict, had said that states must evolve a policy for identifying the “creamy layer” even among the SCs and schedule tribes and deny them the benefit of reservation.<\/p>\n

On Thursday, the counsel appearing for the petitioner referred to the apex court’s verdict asking for the policy to identify such a “creamy layer.”<\/p>\n

Justice Gavai said the apex court’s view was that sub-classification is permissible.<\/p>\n

The petitioner’s counsel said the Constitution bench had directed states to formulate the policy and almost six months have passed since.<\/p>\n

“We are not inclined,” the bench said.<\/p>\n

When the counsel requested to withdraw the plea to file a representation before the authority concerned, which could decide on the issue, the bench allowed it.<\/p>\n

He argued that states would not frame the policy and eventually the top court would have to intervene, to which the court said, “The legislators are there. Legislators can enact a law.”<\/p>\n

On 1 August last year, the apex court’s verdict was clear on the states making a sub-classification on the basis of “quantifiable and demonstrable data” of backwardness and representation in government jobs and not on “whims” and as a matter of “political expediency.”<\/p>\n

The seven-judge bench, by a majority of 6:1, set aside the apex court’s five-judge bench verdict of 2004 in the EV Chinnaiah vs state of Andhra Pradesh case which held no sub-classification of SCs could be allowed as they are a homogeneous class in themselves. (PTI)<\/p>\n

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NEW DELHI, 9 Jan: The Supreme Court on Thursday said that the executive and the legislature would decide whether persons who have availed quota benefits and are in a position to compete with others are to be excluded from reservation. A bench of Justices BR Gavai and Augustine George Masih made the observation on a […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":{"0":"post-255004","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-national"},"_links":{"self":[{"href":"https:\/\/arunachaltimes.in\/index.php\/wp-json\/wp\/v2\/posts\/255004","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/arunachaltimes.in\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/arunachaltimes.in\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/arunachaltimes.in\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/arunachaltimes.in\/index.php\/wp-json\/wp\/v2\/comments?post=255004"}],"version-history":[{"count":0,"href":"https:\/\/arunachaltimes.in\/index.php\/wp-json\/wp\/v2\/posts\/255004\/revisions"}],"wp:attachment":[{"href":"https:\/\/arunachaltimes.in\/index.php\/wp-json\/wp\/v2\/media?parent=255004"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/arunachaltimes.in\/index.php\/wp-json\/wp\/v2\/categories?post=255004"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/arunachaltimes.in\/index.php\/wp-json\/wp\/v2\/tags?post=255004"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}