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Mayawati disagrees with Supreme Court's ‘subcategories’ verdict: ‘Centre didn’t oppose it'
The Supreme Court on Thursday held that states are constitutionally empowered to make sub-classifications within the Scheduled Castes and Scheduled Tribes.
Bahujan Samaj Party (BSP) chief and former Uttar Pradesh chief minister, Mayawati, on Sunday said that her party does not agree with the Supreme Court's verdict allowing sub-classification within the Scheduled Castes.
"The sub-classification of people within Scheduled Castes (SCs) and Scheduled Tribes (STs) has been permitted, our party (BSP) doesn't agree with it at all," Mayawati said while addressing a press conference in Lucknow.
She claimed that the ruling Bharatiya Janata Party (BJP) government at the Centre did not oppose the decision and the lawyers representing the government presented arguments that helped the Supreme Court deliver the decision, reported PTI.
“They (the government) did not oppose it. Instead, their lawyers presented such arguments that it helped the honourable Supreme Court in delivering this decision. Lawyers from either Congress’ side or representing the government, both facilitated the Supreme Court," Mayawati claimed.
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“This shows that their intention is not right, instead of ending the reservation given to SCs and STs themselves, they are trying to end it through the judiciary and they have mostly been successful in it,” she added.
In a landmark verdict, the Supreme Court on Thursday held that states are constitutionally empowered to make sub-classifications within the Scheduled Castes and Scheduled Tribes.
This judgment, held by a 6:1 majority, overrules the 2004 decision in EV Chinnaiah vs the State of Andhra Pradesh, where a five-judge bench had held that sub-classification was not permissible, arguing that SC/STs form homogenous classes.
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The judgment was delivered by the seven-judge bench led by Chief Justice of India DY Chandrachud. The bench also comprised of Justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra, and Satish Chandra Sharma. While six judges upheld sub-classification, Justice Trivedi dissented.
Notably, the court also observed that the states must identify the ‘creamy layer’ within the Scheduled Castes and Scheduled Tribes and take them out of reservation.
The Lok Janshakti Party (Ram Vilas), which is part of the ruling NDA government, has said that it will be filing a review petition against the ruling. The Republican Party of India (Athawale) has also said that it will oppose any move to apply the “creamy layer” criteria to reservations for SCs and STs.
