Comprehension
Article 14 of the Constitution stipulates that the State shall not deny to any person equality before the law or the equal protection of laws within the territory of India. Article 15(1) states that the State should not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. Article 15(4) stipulates that nothing in Article 15 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. Article 16 deals with equality of opportunity in matters of public employment. Clause (1) of Article 16 guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. Clause (2) stipulates that no citizen shall be discriminated in or be ineligible for any employment or office under the State on the grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them. Clause (4) of the provision states that nothing in Article 16 shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens, which in the opinion of the State, is not adequately represented in the services under the State. The purpose of the equal opportunity principle in Article 16(1) and the reservation provision in Article 16(4) has emerged as a focal point of the jurisprudence on reservations in this Court. A discussion of the journey of the competing models of equality that the Court has espoused and their evolution over the course of the years is necessary to understand the constitutional vision on equality.
The impugned constitutional amendments by which Article 16 (4-A) and 16 (4-B) have been inserted, flow from Article 16 (4). They do not alter the structure of Article 16 (4). They retain the controlling factors or the compelling reasons which enables the State to provide for reservation keeping in mind the overall efficiency of the state administration under article 335. Sub-categorization within a class is a constitutional requirement to secure substantive equality in the event that there is a distinction between two sections of a class; Sub-classification must not lead to the exclusion of one of the categories in the class. A model that provides sufficient opportunities to all categories of the class must be adopted; and Sub-classification among a class must be on a reasonable basis.
Justice Bela Trivedi opined, in dissent, that presidential list of scheduled castes notified under Article 341 cannot be altered by the States. Any change to this list can only be made by a law enacted by Parliament. Sub-classification, according to her would amount to tampering with the Presidential List and undermine the object Article 341, which aims to eliminate political influence in the SC-ST List. Further, she emphasised the importance of adhering to the rule of plain and literal interpretation. She mentions that any preferential treatment for a sub-class within the presidential list would deprive other classes within the same category of their benefits. In the absence of executive or legislative power, state lack the competence to sub-classify castes and the benefit reserved for all SCs. Allowing states to do so would constitute a colourable exercise of power, which is impermissible under law. Justice Trivedi concluded by affirming that affirmative action by States must remain within constitutional boundaries and held that the law laid down in E.V. Chinnaiah case was correct and should be upheld.
(Extract from The State of Punjab & Ors. v. Davinder Singh & Ors. 2024 SC)
The impugned constitutional amendments by which Article 16 (4-A) and 16 (4-B) have been inserted, flow from Article 16 (4). They do not alter the structure of Article 16 (4). They retain the controlling factors or the compelling reasons which enables the State to provide for reservation keeping in mind the overall efficiency of the state administration under article 335. Sub-categorization within a class is a constitutional requirement to secure substantive equality in the event that there is a distinction between two sections of a class; Sub-classification must not lead to the exclusion of one of the categories in the class. A model that provides sufficient opportunities to all categories of the class must be adopted; and Sub-classification among a class must be on a reasonable basis.
Justice Bela Trivedi opined, in dissent, that presidential list of scheduled castes notified under Article 341 cannot be altered by the States. Any change to this list can only be made by a law enacted by Parliament. Sub-classification, according to her would amount to tampering with the Presidential List and undermine the object Article 341, which aims to eliminate political influence in the SC-ST List. Further, she emphasised the importance of adhering to the rule of plain and literal interpretation. She mentions that any preferential treatment for a sub-class within the presidential list would deprive other classes within the same category of their benefits. In the absence of executive or legislative power, state lack the competence to sub-classify castes and the benefit reserved for all SCs. Allowing states to do so would constitute a colourable exercise of power, which is impermissible under law. Justice Trivedi concluded by affirming that affirmative action by States must remain within constitutional boundaries and held that the law laid down in E.V. Chinnaiah case was correct and should be upheld.
(Extract from The State of Punjab & Ors. v. Davinder Singh & Ors. 2024 SC)
Question: 1
The issue of whether the State can further sub-classify within a class for the purpose of reservation first arose in:
The issue of whether the State can further sub-classify within a class for the purpose of reservation first arose in:
Updated On: Dec 3, 2024
- M.R Balaji v. State of Mysore
- T. Devadasan v. Union of India
- Akhil Bharatiya Soshit Karamchari Sangh (Railway) v. Union of India
- The State of Punjab & Ors. v. Davinder Singh & Ors. 2020
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The Correct Option is A
Solution and Explanation
The issue of whether the State can further sub-classify within a class for the purpose of reservation was first addressed in the case of MR Balaji v. State of Mysore (1963). The Supreme Court held that reservations could be made for backward classes but the State could not create further sub-classes within the reserved categories without specific justification.
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Question: 2
Dr. B.R. Ambedkar, while proposing the inclusion of Articles 300A and 300B of the Draft Constitution (which correspond to Articles 341 and 342 of the Constitution), indicated that once notified, any elimination from the list or an addition to the list was to be made by Parliament and not by the President. This limitation was imposed to:
Dr. B.R. Ambedkar, while proposing the inclusion of Articles 300A and 300B of the Draft Constitution (which correspond to Articles 341 and 342 of the Constitution), indicated that once notified, any elimination from the list or an addition to the list was to be made by Parliament and not by the President. This limitation was imposed to:
Updated On: Dec 3, 2024
- Protect the rights of the SCs and STs class people
- To exclude the further interference of the Executive having a play in the matter of the disturbance in the Schedule so published by the President
- To remove the discretion in the hands of Executive to save the interest of the SCs and STs people
- To eliminate “political factors” from disturbing the list
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The Correct Option is D
Solution and Explanation
Dr. B. R. Ambedkar’s vision for Articles 341 and 342 (relating to Scheduled Castes and Scheduled Tribes) was to ensure that the lists of these communities could not be changed arbitrarily by the President alone. Instead, changes could only be made by Parliament to avoid political influences from distorting the list for political gain.
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Question: 3
The trinity of Articles 14, 15, and 16 has provided a tool to march towards social and economic equality. Emphasis has been given to affirmative action so as to give a special treatment to the underprivileged so that they can march forward. Reservations in the matters of education and in public employment have been used to provide a special treatment to the backward classes. What are the other articles of the Constitution along with, the objective of the Constitution to achieve social economic equality may be achieved?
The trinity of Articles 14, 15, and 16 has provided a tool to march towards social and economic equality. Emphasis has been given to affirmative action so as to give a special treatment to the underprivileged so that they can march forward. Reservations in the matters of education and in public employment have been used to provide a special treatment to the backward classes. What are the other articles of the Constitution along with, the objective of the Constitution to achieve social economic equality may be achieved?
Updated On: Dec 3, 2024
- Arts. 46, 335 and 338
- Arts. 335, 341 and 342
- Arts. 46, 335, 338, 341 and 342
- Arts. 46, 335 and 342
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The Correct Option is C
Solution and Explanation
Articles 46, 335, 338, 341, and 342, along with Articles 14, 15, and 16, form a comprehensive framework aimed at achieving social and economic equality. These articles collectively address the interests of backward classes, Scheduled Castes, and Scheduled Tribes, ensuring that affirmative action and reservations are provided in both educational and employment opportunities.
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Question: 4
Hon’ble Justice B.R. Gavai, in the above-mentioned judgment held that, “sub-classification amongst the Scheduled Castes for giving more beneficial treatment is permissible in law. He also gave some criteria on which the sub-classification may be implemented by the State. Which of the following is that criteria?
Hon’ble Justice B.R. Gavai, in the above-mentioned judgment held that, “sub-classification amongst the Scheduled Castes for giving more beneficial treatment is permissible in law. He also gave some criteria on which the sub-classification may be implemented by the State. Which of the following is that criteria?
Updated On: Dec 3, 2024
- The criteria for exclusion of the creamy layer from the Scheduled Castes and Scheduled Tribes for the purpose of affirmative action could be different from the criteria as applicable to the Other Backward Classes
- Sub-classification would be permissible only if there is a reservation for a sub-class as well as the larger class
- That while doing so, the State will have to justify the same on the basis of empirical data that a sub-class in whose favour such more beneficial treatment is provided is not adequately represented
- All of the above
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The Correct Option is D
Solution and Explanation
In a significant judgment, Justice B.R. Gavai elaborated on the conditions under which sub-classification among Scheduled Castes is permissible. He laid down that empirical data must justify the need for sub-classification, particularly where a certain sub-class is not adequately represented. Furthermore, criteria for exclusion of the creamy layer may differ from those applicable to OBCs.
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Question: 5
Which of the following is not required for sub-classification of the Scheduled Caste?
Which of the following is not required for sub-classification of the Scheduled Caste?
Updated On: Dec 3, 2024
- The inadequacy of representation of a caste/group because of its backwardness
- The data must be collected by the State on the inadequacy of representation of a caste in the “services of the State” because it is used as an indicator of backwardness
- Efficiency of administration must be viewed in a manner which promotes inclusion and equality as required by Article 16(1)
- The State in exercise of the power under Articles 15(4) and 16(4) is not required
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The Correct Option is D
Solution and Explanation
Sub-classification of Scheduled Castes requires data on their representation and backwardness. It also requires ensuring that the process promotes inclusion and equality under Article 16(1). However, the State is not obligated to further classify the Scheduled Castes under Articles 15(4) and 16(4) unless there is a clear justification for doing so based on empirical data.
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