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BHARAT BANDH OVER SUPREME COURT’S RULING ON SC/ST SUB-CLASSIFICATION

by | Aug 21, 2024

Headline 

BHARAT BANDH IN RESPONSE TO SUPREME COURT RULING ON SC/ST SUB-CLASSIFICATION

Summary

The Bharat bandh was called by Dalit and Adivasi groups due to the Supreme Court’s landmark decision permitting the sub-classification of Scheduled Castes (SCs) and Scheduled Tribes (STs) for reservation benefits. The protests, supported by several political parties, saw mixed responses across states, with incidents of police action in Bihar. The verdict has raised concerns among some leaders about its effects on the unity of Dalit movements.

Key Facts

  • Case Name: State of Punjab v. Davinder Singh, 2020
  • The Supreme Court ruling of  6:1 permits the sub-classification of SCs/STs, allowing more targeted reservation benefits.
  • Also the States can now prioritize the most disadvantaged groups within SC/STs.

Legal Insights

The Supreme Court’s 6:1 ruling allows the sub-classification within SC/STs for reservation benefits, overruling the 2004 E.V. Chinnaiah decision.

  • Article 16(4) of the Constitution of India: This article allows the State to make laws for reserving appointments or posts in favor of any backward class of citizens not adequately represented in the services under the State.
  • Article 341 of the Constitution of India: This article is related to the Scheduled Castes and gives power to the President to specify the castes, races, or tribes or parts of or groups within castes, races, or tribes which shall be deemed to be Scheduled Castes in relation to that State or Union territory under Constitution of India.
  • Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006: Under section 4(5) of the Act it was challenged in which it was allowed that 50% of the vacancies reserved for Scheduled Castes should be offered to Balmikis and Mazhabi Sikhs under the Scheduled Caste category.

Impact

The decision may lead to a more equitable distribution of benefits but with the risks affecting the Dalit and Adivasi communities, raised widespread protests.

Why It Matters

The ruling could reshape reservation policies, leading to a more equitable distribution of benefits and strongly affecting the Dalit community.

 

SOURCE:

Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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