SC rejects review pleas, reiterates ‘Quota within Quota’ permissible

NEW DELHI, Oct 4: The Supreme Court has rejected a batch of pleas seeking review of its Constitution Bench judgment, which had held that sub-classification within Scheduled Castes (SCs) and Scheduled Tribes (STs) would be permissible for providing benefits of affirmative action.
After perusing the review petitions, a 7-judge Constitution Bench headed by CJI D.Y. Chandrachud said that “there is no error apparent on the face of the record. No case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013 has been established. The review petitions are, therefore, dismissed.”
In a landmark verdict delivered on August 1, the majority suggested the application of the “creamy layer” principle to the SCs and STs for availing quota benefits, but with a caveat that while providing for sub-classification, the government would not be entitled to reserve 100 per cent seats available for SCs/STs in favour of a particular sub-class to the exclusion of other castes in the List.In a 6:1 decision, it overturned its 2004 judgment, which had ruled against giving preferential treatment to certain sub-castes within SCs.
In his detailed opinion, Justice B.R. Gavai said, “When the 9-Judge Bench in Indra Sawhney held that applicability of such a test (creamy layer test) insofar asOBCs are concerned would advance equality as enshrined in the Constitution, then why such a test should not also be made applicable to the Scheduled Castes and Scheduled Tribes.”
“Can a child of IAS/IPS or Civil Service officers be equated with a child of a disadvantaged member belonging to Scheduled Castes, studying in a Gram Panchayat/Zilla Parishad school in a village?” Justice Gavai asked.
Justice Gavai’s opinion stressed that the government must evolve a policy for identifying the creamy layer even from the SCs and STs so as to exclude them from the benefit of affirmative action.In 2004, a 5-judge Constitution Bench in EV Chinnaiah vs State of Andhra Pradesh case, which now stands overruled, had held that the members of the reserved category groups form a homogeneous class incapable of further regrouping or classification.
Days after the SC ruling in August this year, the Union Cabinet chaired by PM Modi held a detailed discussion on the top court’s judgment and said that no provision of the Constitution provided for “creamy layer” within SCs and STs quota. (IANS)