Supreme Court of India (SC) Verdict on Sub Classification of SC-ST-OBC Reservation Policy-MDWIX Review.

Supreme Court of India ordered on Sub-Classification of Quota & Exclusion of Creamy Layer from SC, ST, OBC Reservation.

        Reservation in education & government jobs in India is the most debatable topic from last four decades. But it has a long story before Indian independence. During the colonial ruling, in the government of India Act, 1935 the concept of reservation was introduced. According to the law, the formerly depressed classes now called Scheduled caste and Schedule tribes are allocated seats in educational institute and government services. After independence of India, the constitution of India (1950) allocates the reservation in Education and Government services to promote social and economic equality for marginalized communities marked as schedule caste (SC), Scheduled Tribe(ST) & Other backward classes (OBC). It aims to address historical injustices & discrimination. According to the current policy there are 15% for SC, 7.5% for ST & 27% for OBC. in case of direct recruitment on an all India basis open competition. Over the decades, reservation policy has been gone through several changes. The most important and challenging was the Mandal Commission Report in the year 1980. The subsequent approach is the 93rd constitutional amendment in 2005 regarding the expansion of scope of reservation.  but after passing of seventy years there are arguments for & against of the removing reservation.

Mdwix Topics.

               The congress party and it's India Bloc partners have pushed for a nation wide caste based census. It emphasized on implication of Mandal Commission Report. Supreme Court of India has upheld the constitutionality validity of sub classification in the scheduled Caste & Schedule Tribe Categories. The court has directed the need of exclusion of "creamy layer" from reservation benefits. It has  referred "the creamy layer" to the relatively affluent and better educated members. 

The debate for removing the reservation.

        For the seventy years of  Indian independence, many people got it's benefits but many cases it becomes the cause of misuse. There are arguments both for & against removing reservation. Reservation was introduced for upliftment of marginalized communities in education and government jobs. It also the emblem of addressing the historical injustices & social inequality.

            On the other hand it has the logic for removing reservation as it has incurring dependency over generation. Many peoples misuse this benefits. Hence the genuine & needy one is deprived from getting the advantages of reservation system.

           Ongoing discussion & debates in parliament for modifying and refining the policy. Supreme court upheld the constitutionality of reservation but it has also emphasized the need of periodic review & refinement of the policy. 

Arguments of Seven Judges regarding "Creamy Layer".

According to MDWIX, Justice BR Gavai along with Justice Vikram Nath urged that state must develop a policy to identify & exclude the creamy layer from SC, ST categories for an affirmative action benefits.

      Justice Pankaj Mittal echoed that the reservation should be limited to first generation. Once a member of the first generation attains a higher status through reservation. The subsequent generation should not be entitled for same benefits. 

   Justice Satish Chandra Sharma argued the need fro a constitutional mandate to identify the "Creamy layer" within SC & ST communities.

The landmark decision of Supreme Court of India.

         On 1st August, 2024, a seven judges bench of the supreme court upheld its direction. According to the apex bench the states have the authority to further subdivide group within reserved categories. The judgement delivered by Chief Justice DY Chandrachud along with six other Justice regarding the sub classification of reservation. It also upheld for the removal of Creamy Layer from the SC & ST Categories like OBC.

Place your Opinion in MDWIX:

     Chief Justice along with Seven Justices placed their View for constitutional validity for Reservation in Education & Government Jobs in India. MDWIX Narratives publishes this article for your view in favour or against of reservation.

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