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

Swarup : and that too, it was presumed to why, the exercise was done 341(1), the president of the country is consulting individual states and UTs , the governors are being considered. they have the advantage of the local scenario, it is assisting the president ... it is an elaborate inquiry, the state had a full say in it...

CJI : what is the purpose of the presidential order?

Swarup: Identification

CJI: you hit the nail on the head... the purpose of the presidential order is confined to identification and identification alone.

Swarup: and Identification is complete in my respectful submission in 341, 342, there is no endeavour for anybody to enter in the temple of 341, 342., except the parliament.

Gavai J : why is it that there is no tinkering in 341, you cannot edit commas even

CJI: The fact that there is discrimination is common, but other than that what else is common? social backwardness? resources, educational, mortality, age of marriage etc

Swarup : backwardness alone, it may be social or educational backwardness...

CJI ; So according to you there one common trait mainly discrimination and backwardness. 

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.

Senior Advocate Mr Manoj Swarup begins his hearings, mentions about heterogeneity within castes .

Swarup : 1. scheme of constitution, whether the state action at all fits in the scheme - 341 indeed the attachment point is heterogeneous, birth of that category takes place in 341 ....twice the word deemed is used in 341 and 366 for the purposes of the constitution...implication of word deemed is ...

Sawrup : in 1950 two colors were being identified, the color of SC and the color of ST, there were shades of these colors ... the color of 341, the color of 342. Now they are shades...therefore the occasion arose that the term tribe was mentioned in both ways ...when they were classifying they found that these tribes were more akin to caste, other more akin to tribe ...

CJI: the distinction between green and red according to your simily is not black and white . They shade into each other, there are some tribes which resemble casts but there is no corresponding inclusion of 342 of caste into tribe . Theyre are no caste which have been constitutionally been treated as tribes