Supreme Court Live Updates - SC/ST Reservation Subclassification : 7-Judge Bench Hearing [Day 2]
LIVELAW NEWS NETWORK
7 Feb 2024 10:16 AM IST
Live Updates
- 7 Feb 2024 12:34 PM IST
Gopal S : the parameter which is required to be applied to SC/STs wrt 15 and 16 is historic untouchability. Becuase there has been a general sense that social and educational backwardness is the determinant of SC/ST. that's not true, for being an SC/ST it is about historical backwardness and its constitutional attornment for the discrimination, so determining who an SC is ( as per decision in Mary Chandrashekhar para 9 ) it says that it is the historic untouchability that is for the determination of SCs , social and educational backwardness define in 366 article, came in by way of amendment after the Indra sahwney judgement
- 7 Feb 2024 12:19 PM IST
Gopal S : 1. historical context is important for identifying SC/ST; 2. constitution and its approach to SC/STs ; 3. editorial mistake in KN Thomas of Their/ there by the SCC
Gopal S refers to the census report of 1891
Gopal S explain how the various "depressed classes" within rajputs and jatts were called tribes. This is how they are today called as SCs too
Gopal S refers to concept of primitive tribes mentioned in the census report of 1931 - the term shifted from depressed to Scheduled caste/ untouchables
- 7 Feb 2024 12:05 PM IST
CJI : we must recognise that the constitution in not prescribing qualifications with regards property, education, gender it was an article of faith and a very visionary provision. Ours was the first constitution which did not make the right to hold elections or contest elections conditional on gender, property etc
Sibal : I agree, I'm on something different, this class of people, if you do not empower them under 15 you are not gonna get representation under 16.
CJI: in that sense, you said they share a symbiotic relationship , because unless you create a foundation for employment, you will not get employment. You need a workforce for that
Sibal now takes the bench 16(4) and 16(4)(a) - former doesn't mention SC/ST but the later does - so 16(4)(a) is an answer that 16(4) does include SC/STs