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5 August 2024 : Indian Express Editorial Analysis

 1. Intention VS implementation

(Source – The Hindu, Idea Page- Page No. – 11)

Topic: GS2- Polity
Context
The articles analyze a recent supreme court verdict in India that permit state government to sub classify scheduled caste and scheduled tribe for reservation purposes, potentially altering the existing reservation framework.

Analysis of the news:

Supreme court’s verdict on Reservation

  • In a landmark judgement, the Supreme Court permitted states to create sub-classifications within the SC and ST categories for according wider protections through fixed sub-quotas to the most backward communities within these categories, addressing social and economic disparities.
  • This judgment sparked a new debate on the reservation policy.

Historical context of reservation

  • Reservation was initially introduced to rectify past injustices and provide opportunities to marginalized communities, including SCs and STs.
  • With time, the concept of reservation ha evolved, with various judgements and amendments shaping its scope and applications.

Judiciary’s approach to reservation

  • The judiciary has been inconsistent in its approach to reservation, with some verdicts diluting its scope and others upholding its constitutionality.
  • This recent verdict is consistent with earlier judgment that have sought to limit or modify reservation polices, sparking concerns among social justice advocates.

Key findings and implications  

  • The verdict introduces “inadequacy of representation” as a vital yardstick of backwardness, which may lead to reevaluation of reservation policies.
  • The exclusion of the “creamy layer” from SC and ST reservation, favoured by some judges, may have significant social and political implications, potentially leading to a more targeted approach to addressing social and economic disparities.

Constitutional amendments and reservations

  • Historically, judgements diluting reservation have been overtuned by constitutional amendment, highlighting the complex and often contentious nature of reservation policies.
  • The article highlights several instance where constitutional amendments have been used to restore or modify reservation policies, demonstrating the ongoing struggle to balance competing interests and priorities.

Implication and future Directions

The verdict may strengthen the arguments for a caste census to determine the share of different groups in the reservation pie, potentially leading to a more data driven approach to reservation policies.

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