Contesting "Reservation within Reservation" and Highlighting Untouchability as Basis for Reservation

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Contesting "Reservation within Reservation" and Highlighting Untouchability as Basis for Reservation

Lok Janshakti Party to Appeal Supreme Court Verdict on Sub-classification within SC/ST Reservation

The Lok Janshakti Party (Ram Vilas), a key ally in the NDA government led by Prime Minister Narendra Modi, has announced its intention to appeal against the Supreme Court's verdict allowing sub-classification within the reservation system for Scheduled Castes (SCs) and Scheduled Tribes (STs).

Party leader Chirag Paswan expressed disagreement with the court's observation that there is no educational basis for the Scheduled Caste category. He emphasized that the primary basis for SC classification has always been untouchability, a factor not mentioned in the apex court's order.

Paswan argued that the concept of "reservation within reservation" is not applicable to SCs, as the creamy layer principle cannot be applied to them due to the inherent basis of untouchability. He highlighted the continued prevalence of untouchability, citing instances of Dalit grooms being prevented from riding horses and educated SC individuals facing discrimination despite their socioeconomic status.

The Supreme Court's 6:1 verdict on August 1st permitted the sub-classification of SCs and STs to facilitate separate quotas for marginalized members within these communities. The court overturned a 2004 decision that restricted state governments from creating sub-categories of SCs for reservation purposes.

While upholding the principle of equality enshrined in Article 14 of the Constitution, the court emphasized the need for quantifiable and demonstrable data from states to support any sub-classification scheme. Chief Justice Chandrachud stressed the importance of objective criteria over political considerations in such decisions, subject to judicial review.

The Lok Janshakti Party's decision to appeal the verdict reflects its concerns regarding the potential impact of sub-classification on the existing reservation system and the need for a clear and objective framework for its implementation.