State of Punjab stresses on the concept of relative backwardness

CJI: this community is designated as SC, the other community is part of the designated community...the argument which seems to have been found in E.V.Chinnaiah was that if that is so, the state cannot classify within the list of communities within SC because that would lead to exclusion of other SCs communities

Nath J : why should not there by any exclusion, according to you amongst the particular category some of the subcastes have done better they have come forward in that category. So they should come out of it and compete with the general why stay there? those who are backward within the backward let them have the reservation

State of Punjab : yes that is the aim, and if the aim is achieved then the purpose of this exercise should come to an end.

CJI: your argument is at 2 levels. 1. equality argument which looks at the substantive equality part ; 2. the federal argument - nothing in the constitutional structure to stop the state for making laws for its marginalised communities