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SC sub-classification SC Ruling: Prakash Ambedkar, grandson of Constitution maker Dr. Bhimrao Ambedkar and president of Vanchit Bahujan Aghadi (VBA), has criticized the decision of the seven-judge Constitution Bench of the Supreme Court, which has decided to allow the states to sub-classify the Scheduled Castes / Scheduled Tribes (SC / ST). The court has said that for the uniformity of reservation, it is necessary to identify the deprived groups within the SC / ST quota and give them the benefit of real reservation and those who are already benefited should be brought into the creamy layer and excluded from the quota.
Prakash Ambedkar has criticized this decision of the Supreme Court and said that this decision is against the letter and spirit of reservation enshrined in the Constitution. Prakash Ambedkar said that if any sub-classification of SC/ST groups is to be done, it should be done according to the rules passed by Parliament. Discussing the serious consequences of the court’s decision, Ambedkar said that this is a central subject and not a state subject.
In an interview to Indian Express, Prakash Ambedkar said that the state is not the appropriate authority to sub-classify the Scheduled Castes and Tribes. He said that even if it is necessary, it should be done by the Parliament. He asked that if this sub-classification is appropriate in SC/ST and OBC categories, then why not in the general category, where people of a single community have a monopoly. He said that this issue should be resolved keeping in mind all the sections including both reserved and general categories.
Bhim Army founder and Azad Samaj Party (Kanshi Ram) chief Chandrashekhar Azad said, “I have not yet read the full Supreme Court judgment. One judge has dissented, that too should be studied. It remains to be seen whether Article 341 (which empowers the President to make a list of SC communities) has been violated.” Azad, an MP from Nagina, said, “I believe it would not be right to do this without a socio-economic caste survey. The Constituent Assembly debates must be read. Getting a post does not change the social status of a Dalit.”
Let us tell you that the Constitution Bench of seven judges has allowed sub-classification of quota within quota under Scheduled Caste and Scheduled Tribe and has said that the states have the powers to sub-classify SC/ST for the upliftment of the deprived castes of these categories. In his decision, Dalit judge Justice BR Gavai, referring to the Constitution maker Bhimrao Ambedkar, said that the states should identify the ‘creamy layer’ in SC and ST and exclude them from the scope of reservation. The second judge of the bench, Justice Vikram Nath, also supported this view and said that just as the creamy layer principle applies to the OBC category, it should also apply to the SC/ST category.
