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SC rules states can sub-classify SCS, STs
The Daily Guardian
|August 02, 2024
The Supreme Court on Thursday ruled that states have the power to subclassify Scheduled Castes and Scheduled Tribes (SCs and STs) and said that the authority concerned, while deciding if the class is adequately represented, must calculate adequacy based on effective and not quantitative representation.
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The Supreme Court ruled by a majority judgement of 6:1 that sub-classification within the Scheduled Caste and Scheduled Tribes (SCs and STs) reservation is permissible. As many as six separate opinions were delivered in the case.
The judgement was delivered by the seven-judge bench led by Chief Justice of India DY Chandrachud, which overruled earlier judgement in the EV Chinnaiah matter, which had held that sub-classification was not permissible because SC/STs form homogenous classes.
Besides CJI Chandrachud,other judges on the bench were Justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra, and Satish Chandra Sharma.
Justice Bela M. Trivedi, in a dissenting opinion, said that she disagreed with the majority judgement that sub-classification within the Scheduled Caste and Scheduled Tribes is permissible.
This story is from the August 02, 2024 edition of The Daily Guardian.
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