Supreme Court Live Updates - SC/ST Reservation Subclassification : 7-Judge Bench Hearing [Day 2]

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7 Feb 2024 10:16 AM IST

  • Supreme Court Live Updates - SC/ST Reservation Subclassification : 7-Judge Bench Hearing [Day 2]

    A seven-judge bench of the Supreme Court will continue hearing the reference on the permissibility of Sub-Classification Within SC-ST Reservation.The Bench led by CJI DY Chandrachud also comprises Justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra Sharma. The report of the Day 1 hearing can be read here.The matter was referred to a 7-judge bench by...

    A seven-judge bench of the Supreme Court will continue hearing the reference on the permissibility of Sub-Classification Within SC-ST Reservation.

    The Bench led by CJI DY Chandrachud also comprises Justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra Sharma. The report of the Day 1 hearing can be read here.

    The matter was referred to a 7-judge bench by a 5-judge bench in 2020 in the case State of Punjab v. Davinder Singh. The 5-judge bench observed that the judgment of the coordinate bench in E.V.Chinnaiah v. State of Andhra Pradesh, (2005) 1 SCC 394, which held that sub-classification was not permissible, was required to be reconsidered.

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    Live Updates

    • 7 Feb 2024 12:40 PM IST

      addressing the previous question of Justice Nath from Yesterday on shouldn't those who have taken the benefit of reservations now be removed from the list , Gopal S : that is not the call for the state to take as they don't have the power that is for the president to do . 

    • 7 Feb 2024 12:40 PM IST

      Gopal S refers to judgment on the issue of Intersectionality

      Gopal S : each of these communities have lived experiences which are different from each other .

    • 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 12:24 PM IST

      Gopal S now takes the bench to Govt Of India Act of 1935

    • 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 12:13 PM IST

      Sibal concludes. Sr Adv Gopal Sankarnarayanan makes his submissions

    • 7 Feb 2024 12:07 PM IST

      Sibal takes the bench through his written submissions

    • 7 Feb 2024 12:05 PM IST

      Sibal refers to various Acts passed in light of Article 341 and Article 16(4) for creating state wise reservations

    • 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 

    • 7 Feb 2024 11:55 AM IST

      Gavai mentions how during the Poona Pact negotiations, Ambedkar wanted reserved seat and electoral seats , which was later reversed. Ultimately Gandhiji went on hunger strike

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