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Quota advantages not percolating right down to neediest and poorest of poor: SC
May 08 2024

Quota advantages not percolating right down to neediest and poorest of poor: SC

The Supreme Court docket ruling favouring ‘reservation inside reservation’ for these castes and lessons inside SCs/STs/OBCs which haven’t benefited and continued to languish is in step with its numerous orders wherein it favoured re-examination of the prevailing coverage to make sure that advantages of the quota system attain to the individuals who want it.

A five-judge bench of Justices Arun Mishra, Indira Banerjee, Vineet Saran, M R Shah and Aniruddha Bose mentioned preferential therapy of sure lessons and castes inside the reserved classes is the necessity of the hour as the advantages of reservation aren’t percolating right down to the “neediest and poorest of poor”.

  • Supreme Court's stance on reservation policy modifications: Recent rulings by the Supreme Court have favored changes in reservation policies to prevent the benefits from being exploited by a few groups within a specific category.

  • Flexibility in beneficiary lists: The Court highlighted that lists of Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) for reservation purposes are not "sacrosanct and unalterable".

  • Government intervention: The Court suggested that the government should revise the beneficiaries by removing affluent individuals/groups who have become prosperous over the years and adding those who remain in need of assistance.

  • Duration of benefit utilization: The Court noted that certain communities have been availing reservation benefits for over 70 years, leading to economic and social advancement for them.

  • Economic and social status consideration: The Court emphasized the importance of considering the economic and social status of the beneficiaries when determining eligibility for reservation benefits.

  • Objective of reservation policy: The Court's rulings reflect a broader objective of ensuring that reservation benefits reach those who genuinely require assistance, rather than being monopolized by already privileged groups within the reserved categories.

It mentioned advantages had not trickled right down to all sections and there may be dissatisfaction inside the ‘reserved’ class which might be addressed by revising the checklist. “Now there’s a cry inside the reserved lessons. By now, there are affluents and socially and economically superior lessons inside Scheduled Castes and Scheduled Tribes. There’s voice by disadvantaged individuals for social upliftment of a few of the Scheduled Castes and Tribes, however they nonetheless don’t allow advantages to trickle right down to the needy.

 Thus, there’s a battle inside, as to worthiness for entitlement inside reserved lessons of SCs, STs and different backward lessons,” the court docket had mentioned. Agreeing with the contentions that the federal government is required to revise the lists, the court docket had mentioned, “It may be performed presently with out disturbing the proportion of reservation in order that advantages trickle right down to the needy.”

Giving it ruling on Thursday, the bench mentioned, “The insufficient illustration is the fulcrum of the provisions of Article 16(4). In our opinion, it might be open to the State to offer on a rational foundation the preferential therapy by fixing affordable quota out of reserved seats to make sure satisfactory illustration in companies. Reservation is a really efficient device for emancipation of the oppressed class. The profit by and enormous will not be percolating right down to the neediest and poorest of the poor.” 

Also read: Reservations at IIMs

Rahul Singh

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