3rd August 2024 (8 Topics)
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Weakest first
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Context
The Supreme Court ruling allows states to classify Scheduled Castes for preferential treatment, challenging previous judgments on SC homogeneity and reservation norms.
Evolution of Affirmative Action:
- Substantive Equality: The jurisprudence of affirmative action has shifted from formal equality to substantive equality, aiming to address historical and social disabilities.
- Diversity and Accommodation: Reservation is now seen as a means to embrace diversity and accommodate disadvantaged groups, deepening the idea of equality.
- SC Sub-classification: The Supreme Court's recent ruling allows states to classify Scheduled Castes for preferential treatment, marking a progression in affirmative action jurisprudence.
Supreme Court Judgment:
- Non-Homogeneity of SCs: The majority verdict recognizes that Scheduled Castes are not a homogeneous class, with varying levels of backwardness among them.
- State Empowerment: States are empowered to identify and extend benefits to the weaker sections among SCs, rejecting the idea that only Parliament can modify the SC list.
- Creamy Layer Concept: The exclusion of the creamy layer among SCs to ensure the weakest benefit from affirmative action is discussed, though applying this concept differs from its application to OBCs.
Mains Question
Q. Discuss the implications of the recent Supreme Court judgment allowing states to classify Scheduled Castes for preferential treatment on the broader principles of equality and affirmative action in India.
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