SC verdict on SC/ST reservation : What are the political implications?
Summary
TLDRIn this episode of 'Talking Politics,' the focus is on the Indian Supreme Court's recent verdict allowing state governments to subclassify scheduled casts for more preferential treatment. The judgment suggests excluding the 'creamy layer' from reservation benefits to ensure real equality. The impact of this decision on Indian politics is explored, including potential strategies for political parties and the challenges of implementing the 'creamy layer' concept within scheduled cast communities.
Takeaways
- ποΈ The Supreme Court of India ruled that state governments have the right to subclassify scheduled casts to provide more preferential treatment in public employment and education.
- π¨ββοΈ Four judges suggested extending the 'creamy layer' principle to scheduled casts and tribes to exclude affluent individuals from reservation benefits.
- π The verdict indicates a move towards recognizing the internal diversity and inequality within scheduled cast communities.
- π ββοΈ Justice Chandrachud was silent on the creamy layer opinion but agreed with the states' right to subclassify.
- π£οΈ Justice BR Gait dissented, arguing that states do not have the power to alter the presidential list of scheduled casts and tribes.
- π The court emphasized the need for empirical data to justify subclassifying a group within scheduled casts as requiring more benefits.
- π« The judgment overruled a 2005 verdict, allowing states to subclassify without violating the constitutional provision that rests with Parliament.
- π The political impact of this verdict is complex and may lead to strategic realignment of political parties to appeal to specific sub-groups within the scheduled cast communities.
- π The creamy layer concept, if applied to scheduled casts, presents a significant ideological and administrative challenge for political parties.
- β³ The verdict's implications for politics and policy are significant and will require careful consideration and political will to implement effectively.
Q & A
What was the main verdict of the Supreme Court regarding the subclassification of Scheduled Castes?
-The Supreme Court ruled that state governments have the right to subclassify Scheduled Castes notified in the presidential list to provide them more preferential treatment in public employment and education than other communities.
What is the 'creamy layer' principle mentioned in the script?
-The 'creamy layer' principle refers to the concept of excluding affluent individuals or families from the benefits of reservation to make room for the really underprivileged within these classes.
Which judges supported the idea of considering a 'creamy layer' within the Scheduled Castes?
-Justice BR Gait and three other judges, Justices Vikram Pankaj M, and Saish Chandra Sharma, supported the idea of considering a 'creamy layer' within the Scheduled Castes.
What was the dissenting opinion regarding the subclassification of Scheduled Castes?
-Justice Bavredi was the dissenting member who argued that states did not have the power to tinker with the presidential list of Scheduled Castes and Scheduled Tribes.
How does the Supreme Court's verdict impact the political landscape in India?
-The verdict could lead to a more nuanced approach to reservations, potentially breaking the monopoly over the political support of these communities from an umbrella alliance to aggregating individual communities.
What was the previous stance on subclassification as per the 2005 E.V. Chinnaiah judgment?
-The 2005 E.V. Chinnaiah judgment held that subclassification amounted to tinkering with the presidential list by the state legislature and was therefore violative of Article 3412.
What does the Supreme Court's verdict mean for the states in terms of reservation policies?
-The verdict empowers state governments to subcategorize Scheduled Castes within their reservation policies, potentially leading to more targeted and equitable distribution of benefits.
What is the potential challenge for political parties in implementing the 'creamy layer' concept for Scheduled Castes?
-The challenge lies in the ideological and practical leap required to apply the 'creamy layer' concept to Scheduled Castes, which traditionally face a different level of deprivation compared to Other Backward Classes.
How might the verdict influence future electoral strategies of political parties?
-Political parties may need to reconsider their electoral strategies by focusing on specific subcategories within Scheduled Castes to garner support, rather than relying on a broad umbrella approach.
What administrative challenges does the verdict pose for state governments?
-State governments will face the challenge of collecting empirical data to support claims for subclassification and ensuring that the process of identifying the 'creamy layer' is fair and effective.
How did the verdict come about, and what were the legal considerations?
-The verdict was the result of a reference made by a seven-judge bench in 2020 to examine the constitutionality of certain state reservation acts. The court considered the need for acknowledging and remedying inter-inequality among Scheduled Castes, as well as the potential for political tinkering.
Outlines
ποΈ Supreme Court Verdict on Subclassification and Creamy Layer
The video discusses a significant Supreme Court verdict in India that allows state governments to subclassify scheduled casts for more preferential treatment in public employment and education. The court, with a majority judgment, supports the idea of treating unequals unequally to achieve real equality. Four out of seven judges also suggested applying the creamy layer principle to scheduled casts and tribes, aiming to exclude affluent individuals from reservation benefits. This could reshape the political landscape by addressing intra-group inequality within the scheduled cast community.
π³οΈ Political Ramifications of the Verdict
The political impact of the Supreme Court's decision is analyzed, noting the slow initial reactions from major political parties. The verdict could potentially disrupt traditional political alliances and strategies, as it enables states to further differentiate within scheduled cast communities. The discussion highlights the BJP's past advocacy for subcategorization in certain cases, such as the Mika community in Telangana. The creamy layer concept, however, poses a significant ideological and practical challenge for political parties, as it requires excluding economically well-off individuals from reservation benefits, which could be a contentious move.
π€ Future Political Strategy and the Verdict's Administrative Challenges
The video concludes by pondering the future political strategies that might emerge in response to the verdict. It suggests that while the decision provides states with more autonomy, it also presents administrative complexities and political risks. Political parties must now decide whether to use their authority to implement subcategorization and the creamy layer concept, which could be politically divisive. The verdict's long-term effects on Indian politics and policy remain to be seen, with the potential to significantly alter the dynamics of social justice and political representation.
Mindmap
Keywords
π‘Supreme Court Verdict
π‘Scheduled Casts
π‘Creamy Layer
π‘Subclassification
π‘Affirmative Action
π‘Political Tinkering
π‘Empirical Data
π‘Reservation
π‘Backward Classes
π‘Political Reactions
Highlights
The Supreme Court of India ruled that state governments have the right to subclassify scheduled casts for more preferential treatment.
A separate opinion by four judges suggested extending the creamy layer principle to scheduled casts and scheduled tribes.
The court aims to exclude affluent individuals from reservation benefits to make room for the underprivileged within these classes.
Justice BR Gay advocated for treating unequals unequally to achieve real equality as per the Constitution.
The majority judgment allows states to subclassify scheduled casts to provide more benefits to certain groups within the category.
Chief Justice Chandra Chur agreed that scheduled casts are not a uniform group and can be further subclassified.
The court overruled a 2005 verdict that considered subclassification as tinkering with the presidential list by state legislatures.
States must provide empirical data to support claims that a subclass requires more preferential treatment.
The judgment does not allow states to reserve 100% of seats for one group within the scheduled cast category.
The political impact of the verdict is yet to be seen, with initial reactions being slow and varied.
The verdict could lead to a breakdown of the monopoly over political support from umbrella alliances to individual communities.
The BJP has previously advocated for subcategorization within the scheduled cast category, specifically for the Mika community in Telangana.
The creamy layer concept, previously only applicable to OBCs, now poses a challenge for political parties ideologically and practically.
The Apex Court's verdict creates a politically and administratively complex situation for governments to navigate.
Political parties will need to consider whether to expend political capital on an issue that is administratively tricky and may not yield clear winners.
The verdict is expected to have a significant impact on politics, similar to the Mundle Commission report or the BJP's non-Yadav politics strategy.
Transcripts
hello and welcome to another episode of
talking politics uh on the Hindus
YouTube channel this is a show where we
go behind the scenes of stories making
the headlines in domestic politics now
this week we will be looking at the
impact the likely impact because it is
still working out the likly impact that
the Supreme Court's verdict that the
state governments have the right to
subclassify scheduled casts notified in
the presidential list and a separate
opinion by four judges that a creamy
layer in scheduled cast quas be
considered will have on Indian
[Music]
[Applause]
politics now uh let's first look at what
the Supreme Court has actually said on
Thursday a seven judge Constitution
bench of the Supreme Court headed by
Chief Justice of India Dy Chandra in a
majority judgment held that states have
a right to sub qualify schedule casts
notified in the presidential list in
order to provide them more preferential
treatment in public employment and
education than the other communities
included in that category now four of
the seven judges on the bench separately
said that the government should extend
the creamy layer principle uh to
scheduled casts and scheduled drives
like in the case of other backward class
classes category it is necessary uh it
is said that to exclude affluent
individuals or families from the
benefits of reservation and make room
for the really underprivileged within
these classes the state and I quote here
must evolve a policy for identifying the
creamy layer even from the schedule cast
and schedule tribes so as to exclude
them from the benefits of affirmative
action in my view only this and this
alone can achieve the real equality as
enshrined under the Constitution can a
child of an IAS IPS or Civil Service
Officer be equated with the child of a
disadvantaged member belonging to
schedule cast studying in a gr panchet
Zilla panchet School in a village these
are the words of Justice BR gay uh in
that opinion and his view on considering
a creamy lay within the sh cast
Community uh the presidential list of
scheduled casts was backed by three
other judges justices Vikram pankaj M
and saish Chandra Sharma who were on the
bench however uh uh justice chief
justice Chandra chur was silent on this
creamy layer opinion but uh he shared
the other bit that the states have the
right to subclassify with Justice Manoj
Mishra uh uh justice gay opined that
unequals have to be treated unequally to
bring real equality it is the duty of
the state he said to give preferential
treatment to backward classes uh who are
not adequately represented the only
dissenting member in the seven judge
bench uh on
subclassification was uh justice ba
tredi and saying that the states did not
have the power to Tinker with the
president itial list of scheduled casts
and scheduled tribes the Constitution
bench basically followed a reference
made by the seven judge bench in 2020 to
examine the constitutionality of Tamil
Nadu aruna's reservation Act of 209 and
the Punjab scheduled casts and backward
classes reservation and services Act of
2006 the latter gave pre preferential
quotas to balmiki and mzabi seeks the
Chief Justice of India D Chandra agreed
that scheduled casts were not an
indivisible monolith that scheduled cast
notified by the president under article
3411 of the Constitution was composed of
heterogeneous groups of casts races or
tribes with various degrees of
backwardness their inclusion in the
President's List by the parliament under
article
3412 did not mean that they were as
uniform and internally homogeneous unit
incapable of further
subclassification the court agreed that
apprehensions of polit potential
political tinkering by parties in power
in states to expand vote Banks cannot
obviate the Constitutional need for
acknowledging and remedying Inter
inequality among shedu casts now in all
of this they also said that states have
to produce empirical data to support
their claim that a subass required more
benefit ual treatment again a state was
not entitled to reserve 100% of the
seats available for schu cast in favor
of a group to the exclusion of all other
casts in the President's List the
majority judgment basically on Thursday
overruled a 2005 verdict in the E chin
case which had held that
subclassification amounted to tinkering
with the presidential list by the state
legislature and was therefore violative
of article 3412 which exclusively rests
with Parliament now uh all of this is
the Judgment judgment is pretty clear
seven judges one uh out of which six
were in favor one was not uh said that
subcategorization have to have has to
happen out of these seven again or out
of the six who agreed four said there
has to be a creamy layer the other two
were silent so there seems to be a
definite Direction uh different Pope to
the government uh in this verdict but
what will be the political impact
of this verdict well political reactions
were slow to erupt at the time of um
recording this video the prakash edar
LED van B bahujan aari in Maharashtra
had decribed the verdict while Chief
Ministers of Congress ruled Karnataka
and Telangana and TDP LED Andra Pradesh
welcomed it nationally neither the
Congress nor the BJP had put forward a
considered reaction again this is Friday
afternoon that I recording this video so
please give me that benefit of Doubt
later if they do later in the week if
they do come out with a considered
reaction please don't hold me
accountable for that while salami
slicing off backward communities from a
monolith has been seen as one way of
breaking the Monopoly over the political
support of these communities from an
umbrella Alliance to aggregating these
individual communities the verdict of
the Supreme Court on scheduled casts
does not translate easily into black and
white now why do I say that now while in
uttar Pradesh and other states the BJP
has paired the non yadav OBS from the
yadov community to weaken the samajwadi
party's support base in the past of an
umbrella sort of OBC plus Muslim
combination the only instance where the
BJP has advocated the subcategorization
of an sc Community within the category
is the Miga community in Telangana in
2023 before the assembly polls in
Telangana prime minister nendra Modi had
announced that he supported the
subcategorization demand of the Mika
community and later announced the
setting up of a Central Committee to go
into the issue that is still happening
that is still kind of you know playing
out now while the Apex courts verdict uh
before the with the Apex Court verdict
uh the power that used to rest with the
central government the center has to
decide whether a particular
subcategorization can take place is
within the scheduled cast category which
is there in the President's List the SC
vertic very clearly says state
governments now can uh go ahead and do
this
subcategorization and political parties
will it is likely move forward on their
electoral plants for example Karnataka
chief minister sidara has already
announced that his government will do
its best to consider the recommendations
of the Justice sadashiva Commission that
had been set up in 2005 to look at
internal reservations in fact it found a
place in the congress's manifesto in the
State Assembly elections and basically
this commission had said that there is
Big scope for quota within quota in the
SE category of casts SE casts in kataa
what is more problematic for political
parties is the creamy layer concept see
subcategorization you can still think
about okay let me consider say the MGA
community and let me kind of go ahead um
because my government has given this
subcategorization at least I get their
support the rest are not supporting me
or they still will support me or
whatever you can kind of play around
with that but what is problematic for
the political parties largely and in
terms of ideologically as well is the
creamy layer concept it was still now
only uh applicable in the OBC category
and the subject of much opposition even
there now OBC communities have been
socially and educationally backward but
many of them are also say dominant
communities uh some have land Holdings
Etc which is not the same level of
deprivation that schedule cast
communities have traditionally faced so
if you apply the crey layer thing to uh
schedule cast uh categories you'll have
to kind of uh this is a bit of a leap
for political parties to make
reservations uh opponents of the creamy
layer concept say aims to address social
and educational backwardness and not
economic but the SC verdict as I said
before has now created a politically
problematic situation for political
parties since the Paul is now in the
government's Court to take this further
the Supreme Court's verdict will have a
big impact uh on politics quite like the
way the mundle commission report did or
bjp's mle 2.0 of non Yad politics being
separated from the large OBC umbrella it
is however an administratively tricky
issue to pull off and will require much
political Authority and
dexterity something which every
political party which is at the head of
a government will have to think about do
they want to expend their political
Authority on a subject where nobody wins
uh we will revisit this topic once the
needle on this moves again for this week
however this is all I have thank you so
much for watching I shall see you next
week
Browse More Related Video
Proposes Exclusion of Creamy Layer Among SC/STs from Reservations | Know all about it | UPSC
Breaking News : Supreme Court Calls for Major Overhaul of SC/ST Reservation Policy | By Krati Mam
Reality of Reservation | Open Letter
Supreme Court Approves Sub-Classification for SCs and STs, Overrules 2004 Verdict | UPSC
2024 Important Legal Current Affairs | August 2024
Reality of Women's Reservation
5.0 / 5 (0 votes)