CJI : suppose in this case they have picked out... ... Is Subclassification Permissible Within SC/ST Reservation ? Supreme Court Reserves Judgment [Live Updates Day 3]
CJI : suppose in this case they have picked out only valmikis and left out mazhbi sikhs, could the mazbhi not have argued that we are as backward as the valmiki why have you left us, we are only taking the valmikis, or visa versa... which means therefore that those who are excluded can always challenges their classification on the ground that look we fulfill all the indicia of backwardness but state can also rebut it by saying that we can classify caste by looking at the extend of backwardness, as Justice Gavai said we want to confer benefits on the most backward, but by conferring benefits on the most backward, you cannot ensure that some who are most backward are only given while others are left out, otherwise this becomes a very dangerous trend in popular appeasement, some state govt. will pick up few castes others will pick the other caste, the idea is not to allow popular politics to play out in grant of reservation