Supreme Court rejects pleas to review its SC quota order granting sub-classification

The seat presided implicit by Chief Justice of India D Y Chandrachud besides comprised Justices B R Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra, and Satish Chandra Sharma.

The August 1 ruling had by a 6:1 bulk overruled the 2004 judgement successful E V Chinnaiah vs State of Andhra Pradesh that had held that Scheduled Castes constituted a homogeneous radical and cannot beryllium sub-categorised.

The bulk of judges had said “empirical grounds indicates that determination is inequality adjacent wrong the Scheduled Castes. The Scheduled Castes are not a homogeneous integrated class”.

Justice Bela M Trivedi was the lone dissenter who, successful her verdict, said Scheduled Castes constituted a homogeneous people and “cannot beryllium tinkered with by the states”.

It rejected the statement that erstwhile enumerated successful the Presidential List nether Article 341 of the Constitution, the Scheduled Castes represent a homogeneous class, which is incapable of further subdivision/sub-classification and that immoderate effort to sub-categorise them would magnitude to tinkering with the Presidential List, successful usurpation of Article 341 (2) and Article 14 of the Constitution.

The bulk had besides backed the exclusion of creamy furniture from SCs and Scheduled Tribes.

Justice Gavai, successful his concurring judgment, said connected August 1 that helium is “of the presumption that the State indispensable germinate a argumentation for identifying the creamy furniture adjacent from the Scheduled Castes and Scheduled Tribes truthful arsenic exclude them from the payment of affirmative action. In my view, lone this and this unsocial tin execute the existent equality arsenic enshrined nether the Constitution”.