Summary of "When Supreme Court’s Historic Judgment on SC-ST Reservation | Full Breakdown by Ankit Avasthi Sir"
Analysis of the Supreme Court of India’s 2024 Judgment on SC/ST Reservation Sub-Categorization
The video provides a detailed analysis of the Supreme Court of India’s historic 2024 judgment permitting sub-categorization within the Scheduled Castes (SC) and Scheduled Tribes (ST) reservation quota. This decision reverses a 2004 five-judge bench ruling that had prohibited such sub-classification, marking a significant shift in reservation policy and its political implications.
Key Points of the Supreme Court Judgment
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Sub-categorization Allowed: States can now divide the existing SC/ST reservation quota (15% for SC and 7.5% for ST) into sub-categories among various castes within these groups based on social and economic backwardness.
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State Governments’ Role: The power to create these sub-categories has shifted from the central government to the states, allowing states to allocate reservation percentages differently depending on local demographic and backwardness data.
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Conditions Imposed:
- No single caste within SC/ST can be allocated 100% of the reservation quota.
- Allocation must be based on solid empirical data regarding population and backwardness.
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Judicial Review: Any sub-categorization by states will be subject to judicial scrutiny under Article 13, meaning such decisions can be challenged and reviewed by courts.
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Use of Article 142: The Supreme Court used its constitutional power under Article 142 to override the President’s power under Article 341, which traditionally defined SC/ST groups. This move has been criticized by a dissenting judge as judicial overreach or activism.
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Dissenting Opinion: Justice BM Trivedi opposed the decision, arguing that the power to define SC/ST groups lies with the President and the central government, not the states, and that the Supreme Court should not have used Article 142 to transfer this power.
Historical Context
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The issue traces back to Punjab’s 1975 policy of dividing SC reservation into sub-categories (e.g., Valmiki Sikhs vs. other SCs), which ran for 30 years until the 2004 Supreme Court ruling (EV Chinnaiah vs Andhra Pradesh) banned sub-classification.
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Punjab challenged the 2004 verdict, citing the precedent of sub-classification within OBCs (creamy layer concept) from the 1992 Indira Sawhney case.
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The current seven-judge bench, formed in 2020 and delivering its verdict in 2024, has now allowed sub-categorization for SC/ST, aligning it somewhat with OBC reservation principles.
Implications
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Political Impact: The decision is expected to deepen caste-based politics in many states (about 17 states heavily influenced by caste vote banks). Sub-categorization may lead to internal divisions within SC/ST communities, affecting political loyalties and vote-bank calculations.
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Potential for Increased Litigation: Since states have discretion to create sub-categories, many cases are expected to reach the Supreme Court for judicial review, potentially leading to ongoing legal battles.
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Reservation Policy Expansion: While the current focus is on SC/ST, there is speculation that similar sub-categorization might be introduced in OBC reservations in the future.
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Creamy Layer Debate: The Supreme Court did not explicitly address the extension of the creamy layer concept to SC/ST, but states may consider such economic criteria in future policies.
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Generational Reservation: The court and some judges suggested that reservation benefits should not perpetuate indefinitely within families, hinting that states might restrict reservation for subsequent generations of beneficiaries.
Broader Understanding of Reservation
Reservation is intended to correct historical injustices and provide representation and equality to socially and economically backward classes.
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Currently, India has about 59.5% reservation overall:
- 10% Economically Weaker Sections (EWS)
- 27% Other Backward Classes (OBC)
- 22.5% combined Scheduled Castes (SC) and Scheduled Tribes (ST)
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The Supreme Court emphasized that reservation is a tool to promote equality by providing opportunities in education, government jobs, and political representation.
Conclusion
The Supreme Court’s landmark judgment on sub-categorization within SC/ST reservation marks a paradigm shift in reservation policy, delegating significant power to states while imposing conditions and judicial oversight. This is poised to reshape caste dynamics and political equations in India, potentially leading to more fragmented caste-based politics and numerous legal challenges ahead.
Presenter/Contributor
- Ankit Avasthi Sir
Category
News and Commentary