Live Law

2024-02-06 07:10:19.0

  • Punjab AG : a schedule caste is a caste which is included in the schedule that's it. there is not such "caste' as the Scheduled Caste... backwardness in the OBC is tested by backwardness in SC/ST is presumed. A state cannot go to the exercise of the determination of backwardness as one of the core parameters for grant of benefits. The word 'deemed' troubles me. why would the constitution makers use the word deemed, because that was an exercise in perpetuity so therefore a deeming fiction is attached to their caste.

    Gavai J : or it could be deemed to be an SC in relation to that state. and not for the other state.

    Punjab AG : why I say so is, otherwise if we take the word deemed out of it then it would change the sense of the article. then it would read that for the purposes of this constitution be SCs in relation to that state of UTs, why deemed? I could not come up with an explanation

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