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LATEST NEWS UPDATES | Is the Sub-Classification of Scheduled Castes Justified? -Kailash Jeenger

Is the Sub-Classification of Scheduled Castes Justified? -Kailash Jeenger

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published Published on Dec 21, 2020   modified Modified on Dec 22, 2020

-TheWire.in

The bench led by retired Justice Arun Mishra supported classification of the SCs as 'more backward' and 'backward', and preference to the more backward castes for reservation in appointments. However, different views on the matter have emerged.

In State of Punjab and Others versus Davinder Singh and Others (August 27, 2020), the bench led by retired Justice Arun Mishra supported the classification of the Scheduled Castes (SCs) into “more backward” and “backward”, and preference to the more backward castes for reservation in appointments.

However, the five-judge bench decided to refer the question for the final decision to an 11-judge bench, because in its opinion, the nine-judge bench in Indra Sawhney versus Union Of India And Others (1992) observed that such sub-classification is permissible, whereas the bench in E.V. Chinnaiah versus State Of Andhra Pradesh And Others (2004) misread the Indra Sawhney case.

Ambiguities in Indra Sawhney case

At the outset, it must be understood that the sub-classification into “backward” and “more backward” arises because Article 16(4) of the Constitution recognises a category “backward class of citizens” and, therefore, ideally, sub-classification, if any, should be done for that only. There is no need to further classifying the sub-categories. However, paragraph 92A of the judgment which deals with the issue is ambiguous on this point.

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TheWire.in, 21 December, 2020, https://thewire.in/caste/sub-classification-scs-reservation-appointment


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