Live Law
2024-02-08 05:40:32.0
CJI : according to you though the birthmarks are different at the point of their birth, when does the homogeneity come according to you.
Swarup : so therefore , we are talking of races, castes, groups, there will be heterogeneity ...homogeneity is that there is an acceptance of the fact that the constitution through enquiry placed them and put them similarly, in the same entry and then the entry is protected over deemed. Twice over deemed.
CJI: there is no caste in India called SC, what is meant by deemed? what the constitution does is, it deems certain castes as SCs, so it puts them in an artificial mould of what the constitution calls them as SCs , that's why deemed to be SC, the constitution intended to do is, you're all different castes across the country, for the purpose of the constitution we will want to put you in this one combination called the SC and therefore the deeming . And the deeming is because by the deeming fiction of the constitution they become caste ... there is no caste called as scheduled caste.