Delhi
2 February
Sandeep Dhand Ludhiana
In a significant legal development, the Supreme Court commenced a thorough examination today to determine whether state governments possess the authority to sub-categorize Scheduled Castes and Scheduled Tribes for reservation allocations in admissions and government employment. The seven-judge constitution bench, led by Chief Justice DY Chandrachud, is concurrently scrutinizing the validity of the Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006.
Under consideration is the provision of the Act pertaining to ‘Majbi Sikhs’ and Valmikis, who are included under fixed reservation for Scheduled Castes (SCs). At the forefront is the issue of providing 50 percent reservation to specific communities. The esteemed bench includes Justice BR Gavai, Justice Vikram Nath, Justice Bela M. Trivedi, Justice Pankaj Mithal, Justice Manoj Misra, and Justice Satish Chandra Misra.
The bench is currently hearing a total of 23 petitions, with a major one filed by the Punjab government challenging the 2010 judgment of the Punjab and Haryana High Court. The High Court had deemed Section 4(5) of the Punjab Act unconstitutional, which mandated 50 percent reservation for Valmikis and ‘Majbi Sikhs’ within the Scheduled Castes category. The High Court’s decision was anchored in its interpretation that the provision contradicted a 2004 judgment by a five-judge constitution bench of the Supreme Court in the case of EV Chiniah v. State of Andhra Pradesh.
This legal deliberation holds immense significance as it addresses the nuanced question of the state’s prerogative in sub-categorizing reserved communities. The outcome may have far-reaching implications on the existing reservation policies and practices across the nation.
As the courtroom witnesses rigorous debates and legal arguments, the nation awaits the Supreme Court’s ruling, anticipating a landmark decision that will shape the future course of affirmative action and reservation policies in India.