When the Supreme Court delivered its verdict on the issue of SC/ST subdivision, Justice BR Gavai read out his unanimous opinion. (Representative picture: News18)
Justice BR Gavai, while delivering his concurring opinion, said the basis for subdivision of SC/ST categories must be justified by quantifiable and demonstrable data from the states
Justice BR Gavai, while reading the unanimous opinion during the Supreme Court's verdict on the issue of SC/ST classification, said the state must frame a policy to identify the creamy layer in these categories and “remove them from the ambit of affirmative action” Booking)”.
“The state must frame a policy to identify the creamy layer in the Scheduled Castes/Scheduled Tribes category and exclude them from the ambit of affirmative action (reservation). This is the only way to get real equality,” he said while announcing the order said.
In a major ruling, the Supreme Court ruled by majority that subdivisions within Scheduled Castes and Scheduled Tribes are permissible. It held that states have the right to make such classifications for granting employment and admission quotas.
The judge handed down six separate sentences. Delivering his opinion, Justice Gavai said the basis of subdivision within the caste/Scheduled Tribe categories must be justified by quantifiable and demonstrable data from the states. “…It can't do whatever it wants,” he said.
“The CJI agrees with my conclusion. I have referred to Dr. Ambedkar's 1949 speech in which he said that political democracy is of no use unless we have social democracy. I note that the Indira Sawhney court held that discrimination against the more backward categories is allowed for subdivision etc.; Similarly, if the State comes to the conclusion that a certain caste is not adequately represented, then it is the duty of the State to grant preferential treatment to the backward classes and if only a few enjoy the benefits of the castes/Scheduled Tribes, then The state can't get involved; get involved? Yes, it can,” he added.
In a majority verdict, the Supreme Court said subdivision is allowed within reserved categories to uplift the status of more disadvantaged castes. The seven-judge Constitution bench, headed by Chief Justice DY Chandrachud, further observed that subdivision of castes and scheduled castes can be allowed to ensure that quotas are granted to the more backward castes among these groups.
