Live Law

2024-02-07 09:33:51.0

  • Nafde : fourth submission. The court has read into article 341 that it prohibits subclassification .

    CJI : I am not sure if we should go there because 341 will not permit the states to make a subclassification, if the UOI makes subclassification acting through an act of parliament it is permissible . The point really is that actual implementation of reservation under article 15(4) and 16(4) stands in a different sphere as compared to the work of designation which is exclusively under article 341

    nafde : legislative competence is divided into two part- identification of SCs- 341 exclusive parliament; whether to grant benefit you come to state

    Gavai J: but everyone has argued the same thing. 

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