Union Minister Chirag Paswan announced on Sunday that his party, the Lok Janshakti Party (Ram Vilas), will file a review petition against the Supreme Court’s recent verdict regarding the sub-classification of Scheduled Castes (SCs) and Scheduled Tribes (STs). Paswan expressed strong disagreement with the Court’s decision, which permits states to create sub-categories within SCs and STs for reservations.
Paswan argued that the basis for reservation for SCs is rooted in the issue of untouchability, rather than economic or educational status. He emphasised that introducing a "creamy layer" concept within SCs and STs contradicts the fundamental purpose of these reservations.
“The base of Scheduled Caste reservation is untouchability. It does not have an educational or economic basis. Therefore, the concept of a creamy layer does not fit,” Paswan told reporters.
He illustrated his point by referring to ongoing discrimination faced by Dalits, despite advancements in other areas. “Even today, Dalit youth face barriers and discrimination, such as being prevented from riding a mare,” he said.
Paswan also noted that discrimination persists even against individuals in high positions, citing instances where temples are cleaned with Ganga water after Dalits visit them.
The Supreme Court’s ruling on Thursday was a landmark decision, with a majority of 6-1 allowing states to sub-classify SCs and STs for reservations. The Court's judgement, delivered by a seven-judge bench led by Chief Justice DY Chandrachud, overturned the earlier EV Chinnaiah judgement that had prohibited such sub-classification. The ruling requires that adequacy of representation be assessed based on effectiveness rather than mere numbers.
Justice Bela M. Trivedi was the sole dissenter, expressing disagreement with the majority opinion that sub-classification within SCs and STs is permissible. The decision reflects a significant shift in how reservation policies are implemented, potentially impacting how benefits are distributed among different segments within these communities.
Paswan's planned review petition aims to challenge this new interpretation and seeks to address concerns about its implications for the SC/ST reservation system.
The outcome of this petition could have substantial effects on the future of reservation policies and the distribution of benefits within these groups.
As the debate continues, both political and legal spheres are closely watching how this issue will unfold, given its potential impact on social equity and justice.
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