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STATE OF PUNJAB AND OTHERS VS DAVINDER SINGH & OTHERS: SUB-CATEGORIZATION OF THE SC EXPLAINED

STATE OF PUNJAB AND OTHERS VS DAVINDER SINGH & OTHERS SUB-CATEGORIZATION OF THE SC EXPLAINED
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This article has been written by Astitva Kumar Rao is a third-year BA LLB (Hons.) student at Dr. B. R. Ambedkar National Law University, Sonipat, Haryana.


IN THE HON’BLE SUPREME COURT OF INDIA

“STATE OF PUNJAB AND OTHERS VS DAVINDER SINGH & OTHERS”

HON’BLE JUDGES –

BEFORE DR D.Y. CHANDRACHUD, C.J. AND MANOJ MISRA, B.R. GAVAI, VIKRAM NATH, BELA M. TRIVEDI, PANKAJ MITHAL AND SATISH CHANDRA SHARMA, JJ.

APPELLANT – STATE OF PUNJAB AND OTHERS

Vs.

RESPONDENT – DAVINDER SINGH AND OTHERS

CITATION –

MANU/SC/0620/2020

2020 SCC Online SC 677

 

INTRODUCTION

In the present case, the Bench has found that the sub-categorization of the SC will result in the equitable distribution of the benefits of reservation among all the classes of the SC, and will help in the emancipation of the most backward classes which have been deprived and are suffering. It also found that a greater representation of the weaker sections within the Scheduled Castes will be made possible by effecting the sub-categorization.

However, in the case of E. V. CHINNAIH, the Supreme Court had decided that the Scheduled Castes formed one homogenous group and their sub-division for apportioning reservation proportionately would result in the violation of Article 14 of the Constitution. Furthermore, it was found that empowering the State legislature to sub-categorize the Scheduled Castes of their respective states would be contrary to the provisions of Article 341 of the Constitution.

The President of India, under Articles 341(1) and 342(1), specifies the list of the castes, races, tribes, or parts of groups within the race or caste which are to be deemed as SC/ST for that particular state. The states may not tinker with this list, however, under Article 15(4), they are empowered to make special arrangements for the promotion of interests of socially and educationally backward classes of the society such as SC/ST.

BACKGROUND

FACTS

The Punjab Government by Circular No. 1818-SW-75/10451 dated 5.5.1975 provided that out of seats reserved for Scheduled Castes, fifty per cent of the vacancies would be offered to Balmikis and Mazhabi Sikhs. The Circular was struck down by a Division Bench of the Punjab and Haryana High Court and S.L.P. filed against the same was also dismissed. The PUNJAB SCHEDULED CASTES AND BACKWARD CLASSES (RESERVATION IN SERVICES) ACT, 2006 was notified on 5.10.2006. Section 4(5) of the Act made similar provisions as were made in the Circular, which was struck down. It stipulated that fifty per cent of the vacancies of the quota reserved for Scheduled Castes in direct recruitment shall be offered to Balmikis and Mazhabi Sikhs, subject to their availability, by providing first preference from amongst the Scheduled Castes candidates. A Division Bench of the Punjab and Haryana High Court struck down the provisions contained in Section 4(5) of the Act after relying upon the decision in E.V. CHINNAIAH V. STATE OF A.P. AND ORS. Then the matter was referred to SC.

ISSUES RAISED

APPELLANT ARGUMENTS

RESPONDENTS ARGUMENTS

JUDGEMENT

In a 6:1 majority, this 7-judge Constitutional bench said –

ANALYSIS

Reservation in the education and service sector is a highly debated question in India but it is known well to all that the benefits of these provisions reach only the elite backwards who have better financial status and the backward classes are stalled to the same position where they were. The Supreme Court in this judgement addressed a similar situation where sub-categorisation of backward within the backward classes was questioned. 50% reservation to Balmikis and Mzhabi Sikhs out of the seats reserved was held unconstitutional by the Punjab and Haryana High Court, which was the subject of the appeal. The question of preferential treatment was put up. To answer this contention, the Supreme Court referred to MARRI CHANDRA SHEKHAR RAO V. DEAN, SETH G.S. MEDICAL COLLEGE & ORS[4]., in which it was stated that Article 15 prevents the state from discriminating based on religion, race, caste, sex or place of birth but 15(4) also makes sure it shall not prevent the state from making provisions in favour of socially and educationally backward classes. The court rightly stated that what is necessary is to take into account de facto inequalities which exist in society and to take affirmative action by way of giving preference and reservation to the socially and economically disadvantaged persons or inflicting handicaps on those more advantageously placed, to bring about real equality.

The competence of state legislature to sub-classify and whether sub-classification is tinkering with the list was raised under Article 341 that only the President can classify caste within castes and only Parliament is bestowed with the power to alter the list. To answer this question the Court said that castes and sub-groups were present and continue exactly as they were before the list. The question is how to trickle down the benefit to the bottom rung. The reports indicate that the benefit is being usurped by those castes or classes who have come up and adequately represented. Caste, occupation, and poverty are interwoven. The State cannot be deprived of the power to take care of the qualitative and quantitative differences between different classes to take ameliorative measures. Allotting a specific percentage out of reserved seats and providing preferential treatment to a particular class, cannot be said to be violative of the list under Articles 341, 342, and 342A as no enlisted caste is denied the benefit of reservation. The scheduled caste as per the presidential list is not frozen and they are not a homogenous group. The sub-classification is to achieve the very purpose, as envisaged in the original classification itself and based thereupon evolved the very concept of reservation. Whether the sub-classification would be a further extension of the principle of said dynamics is the question to be considered authoritatively by the Court. The State Government is the best judge of the disparities in different areas. It is for the State Government to judge the equitable manner in which reservation has to be distributed. It can work out its methodology and give preferential treatment to a particular class more backwards out of Scheduled Castes without depriving others of benefit.

CONCLUSION

At the heart of the whole debate of sub-categorization as well as the exclusion of the creamy layer, lie two basic arguments which need to be weighed against one another. The SC/ST communities are the most backwards among the backward classes and they were granted reservations to enable them to recover from centuries of social injustice, their social and economic standing does not serve as the right measure to determine their eligibility for reservation. The framers of the Constitution envisioned reservation as a temporary means of giving opportunities and resources to the backward classes of society so that they can permanently stand on an equal footing, in every aspect, with the other classes of society. This judgement very prudentially recognizes the purpose of reservation. If the unequal among the list of the scheduled castes and if they are ignored under the garb of statutory provision, the concept of reservation would be merely a tool for political agenda. Also, the approach of the court in recognizing the capacity of the state legislature for making sub-classifications is acknowledged. Every state in India has a different culture, tribes and class. The state can understand the status of the classes better and has the mandate to empower them socially and educationally backwards and establish equality. While the matter of reservation will always be debatable in a country which is divided into so many classes, it is always just to empower those who have suffered at the hands of casteism and bring all of them to equal ground in all aspects and provide dignity to all classes. The emancipation of SC/ST communities is the main goal of the reservation system. However, the argument ignores the principle of equality by treating unequals as equals. There is no denying that the system of reservation has benefitted many members of the backward classes and has helped them rise to an equal social and economic status with the upper classes of society. The further generations of such households have the means and opportunities to access the resources of the society equally as the other classes in the society.

REFERENCES

[1] MANU/SC/0960/2004

[2] MANU/SC/0033/1985

[3] MANU/SC/0724/2000

[4] 1990 SCC (3) 130


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