Is Subclassification Permissible Within SC/ST Reservation ? Supreme Court Reserves Judgment [Live Updates Day 3]

others submit their short rejoinders

CJI : thank you for your erudite arguments. Judgement reserved.

Sibal : 3. either you fall under 16(1) , the you are entitled, if you dont then 16(4) gives you ample powers as long as any backward class not adequately represented

AAG Farasat also gives a short rejoinder . Sr Adv Mr Kapil Sibal submits rejoinder on the issue of homogeneity of caste

Sibal : 1. argument that SCs have to be determined on the basis of untouchablity means we have to divide the population - this would be violative of 14 ; 2. the concept of class is in the context of identification not for the purposes of granting representation in services.

CJI : common feature is ...special provision made by the state

AG (referring 16(4)) : instead of advancement, here it limits to reservations...in 15(4) advancements can be given to the SC which deserves the benefit, while under 16(4) the SC/STs have not been distinguished from backward classes in the manner of making a class which is entitled to reservation. 

CJI (referring to article 16(4), 15(4)) : there are two fors, one for - advancement of the socially/educationally backward citizens and the second for - for the SC/ST - two fors - two subjects there

AG: advancement is common to both 

AG : someone being born in the list will not give them the character of being homogenous....cannot permanently designate someone as SC under the constitution as long as the caste is there under article 341, a deemed status is attached to it 

remaining intervenors give their submissions

Punjab AG gives his rejoinder

Hegde: if i cointue to be a SCs on list in name only but no benefits are conferred on me while benefits are conferred on another SC in same list, I am effectively rendered the stigma of a SC but no consequent benefits in the sense it is a reverse pran-pratishta

CJI : but therefore it is a challenge not for subgrouping in principle but the manner in which subgrouping is carried out. ...

Sr Advocate Sanjay Hegde makes his submissions in brief.

Hegde: SCs necessarily means that everybody has suffered the taint of untouchability. How untouchable, thats a different thing , there were some people who were merely not seeable , there were some people who were not touchable, some who's money can be touched. Now all of those were put into one class by the constitution of India in the constitutional lot in the presidential order called SCs ... there are several judgements of this court which say that what distinguishes the SCs from other classes is the taint of untouchability.

Hegde : Once there was a taint of untouchability, how untouchable were you ? the constitution and the makers that time decided not to go into that question. They form one homogenous class , and that homogenous class they said that you could possibly include or exclude through parliamentary enactment but in no manner, therefore a court could not add or subtract, neither executive, nor state tinker in any manner..that is the basis of Chinnaiah 

Other intervenors continue to make their short submissions