Can’t treat SCs as homogenous group, observes CJI-led Bench

  • February 8, 2024
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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Can’t treat SCs as homogenous group, observes CJI-led Bench

Subject: Polity

Section: Constitution

Context:

  • A seven-judge Constitution Bench, headed by Chief Justice of India D.Y. Chandrachud, observed that Scheduled Castes cannot be treated as a “homogenous group” for granting reservation as some may have advanced in society while other continue to remain “particularly underprivileged”.

More about News

  • The debate revealed that the Bench was exploring a diametrically opposite view from that held in a 2004 Constitution Bench judgment in the E.V. Chinnaiah case. 
  • In this verdict, 20 years ago, a five-judge Bench had held that Scheduled Castes were a “homogenous group” and sub-classification would be a violation of the right to equality.
About Schedule Caste (SC)

  • It is an administrative category consisting of various touchable and untouchable castes grouped together for the purpose of preferential treatment.
  • Lack of Internal Distinctions: Such grouping places all of them under one umbrella category without taking into account the internal distinctions among them.
  • Problem: Reservations could not remove the prior existing internal differentiations between all the castes listed as  Scheduled Castes.
  • Article 341 of the Indian Constitution: It authorises the President to declare certain castes and classes as Scheduled Castes in a state or a union territory.
  • It also states that the Parliament can include or exclude any caste or tribe from the list.
  • Article 342 of the Constitution: It states that “Scheduled Castes” means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under Article 341.

What are Caste and Sub-Caste?

  • Caste System in India: It is a social hierarchy that has existed for centuries, traditionally dividing people into different groups based on their occupations and social roles.
  • Association with main categories: Brahmins (priests and scholars), Kshatriyas (warriors and rulers), Vaishyas (merchants and farmers), Shudras (laborers and service providers), and the outcastes.
  • SubCastes: There are numerous sub-castes and sub-groups within each of these main categories. These sub-castes often originated from regional, occupational, or social distinctions.

What is Sub categorisation of Caste?

  • Sub Categorisation of Caste: It refers to further classifying broader caste groups into sub-groups based on various criteria.
  • Demand for Sub Categorisation of Caste: Over time, some castes and communities have sought recognition and specific privileges based on their unique characteristics, historical backgrounds, or socio-economic status.
  • Sub-categorization attempts to address the diversity within larger caste groups and provide targeted benefits to specific sub-groups that may be perceived as socially and economically disadvantaged.
Constitutional Provisions for Weaker Sections:

Article 15(4): The special provisions for their advancement.

Article 16(4A): Speaks of reservation in the services under the State in favour of SCs/STs.

Article 17: Abolishes Untouchability.

Article 46: Requires the State to promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the SCs and STs, and to protect them from social injustice and all forms of exploitation.

Article 330 and Article 332: Provide for reservation of seats in favour of the SCs and STs in the House of the People and in the legislative assemblies of the States.

Article 335: Provides that the claims of the members of the SCs and STs shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.

Article 338: Provides for a National Commission for the Scheduled Castes (NCSC) and NCST.

Part IX relating to the Panchayats and Part IXA of the Constitution relating to the Municipalities, reservation for SCs and STs in local bodies has been envisaged and provided.

Can't treat SCs as homogenous group Polity