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The Supreme Court
– Photo: Sambad news agency
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The Supreme Court rejected petitions seeking to review its August 1 decision. The resolution allowed states to subcategory Scheduled Castes (SC) and Scheduled Tribes (ST) to give priority to disadvantaged groups among them in government jobs and education. A seven-judge constitution bench said there was no error in the judgment in light of the record.
The one-member constitution bench comprised Chief Justice (CJI) Justice DY Chandrachud, Justice BR Gavai, Justice Vikram Nath, Justice Bela M Trivedi, Justice Pankaj Mithal, Justice Manoj Mishra and Justice Satish Chandra Sharma. The bench stated that after reviewing the review petitions, no error is evident in the records. No case was established for review according to the 2013 Supreme Court Regulations. Therefore, the review petitions are rejected.
In accordance with the ruling of the Supreme Court, the review petition is discussed in the Chamber of Judges without the presence of the lawyer through documents. Judge Triody, who wrote a separate ruling in the case, was also part of the court that rejected the petitions seeking to reconsider the majority ruling. Also, the committee rejected the request to discuss the review petitions in open court. The Supreme Court also rejected the request for an open hearing in the case. The order dated September 24th that was uploaded on the website on Friday.
The court said that states have the right to subclassify by reservation.
The seven-member Constitution bench, in a 6:1 majority judgment on August 1, said states have the constitutional right to subclassify the reservations meant for Scheduled Castes and Scheduled Tribes for the upliftment and welfare of the more scheduled castes. Also supported the implementation of the principle of the ceramic layer among SC/ST. The bench, by a majority of 6:1, ruled against ‘EV The 2004 judgment of a five-judge constitution bench in the case of China v State of Andhra Pradesh was set aside. It held that the Scheduled Castes and Scheduled Tribes are homogenous groups and hence the State cannot sub-classify them to provide a quota within the quota for the weaker and disadvantaged castes within these groups.
Judge Trivedi said, you can’t mess with him
In his 85-page dissenting order, Justice Bela M. Trivedi said states cannot tamper with the list of scheduled castes notified under Article 341 of the Constitution. Affirmative action by the states must be within the scope of the constitution. He said that even the desired step of the state to provide reservation cannot be justified by the Supreme Court using the powers under Article 142.
(Except translation, this story has not been edited by achinews staff and is published from a syndicated feed.)
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