Is Sub-Classification Permissible Within SC/ST Categories? Live Updates From Supreme Court 7-Judge Bench Hearing [Day 1]

The Court concludes today's hearing

Farasat : efficiency in govt is not about efficiency in a group. when you are dealing with govt. efficiency means how does the govt deal with all the people . We really do not not know what real efficiency is because real equality has not arrived in our country.

Farasat concludes by citing Gandhi's Talisman in NCERT Textbooks - whatever we do we should think for the weakest person, the state In the present case should think for the weakest person.

Farasat : efficiency in govt adminsitration will require certain amount of diversity else there will be disastrous consequences. Farast gives the example of how an Indian aprent was taken away from her child on cultural differences in Norway. - you are not the govt of A or B , you are the govt of everybody. 

Farasat refers how the decision in Jaishree patil, only the president and the parliament can identify subclassifications are against the state powers of doing so 

Farasat ; 46 and 15(4) are really two sides of the same coin, therefore the logic of Chinnaiah is in my favour

Farasat now reads S. 342A of the Constitution

Farasat : what the court is suggesting as remedy is that you give other forms of affirmative actions other than reservations only to the subcategory - that is contradition wrt 341 itself, because 341 is schedule caste for purposes of this constitution, it doesn't say for reservation alone. but infact what the court suggests will equally be hit by the interpretation of 341 .

Gavai J : in fact they are supporting your argument

Fararsat: in a way yes lordships.

CJI: purpose of article 341 cuts across the constitution

Farasat : exactly 

Farast : that is, subclassification is not only constitutional but also desirable and necessary . 2nd the principles applied in context of reservation and non reservations can be mirrored in context of subclassification within the SC, no doubt about that.

Farasat reads from EV Chhinaiah 

Farasat : they are broadly two approaches that Court has followed in matters of reservation: 1. the cautious approach - ensuring that it goes to the right people, not misused , the reference order which AG just read was an example of that approach. 2. deepening approach , where the court is primarily concerned with how to deepen the impact of reservation to all the groups, and that is the primary concern. my submission is that the question of subclassification, irrespective of whichever routes the court takes is the same.

Farasat : 1. Chinnaiah is internally contradicted because it says that article 341 is solely for the purpose of reservation alone; 2. Article 342A has been introduced in the constitution and that read with the judgement in Jaishree patil completely negates the fundamental logic of chinnaiah; 3. in so far as efficiency in service under Article 335 is concerned, that is something when read in context of the constitution in fact supports subclassification, doesn't negate it .  

Punjab AG concludes his arguments

Mr Shadan Farasat makes his submissions