SC agrees to examine if benefit of quota be given to communities who continue to be socially, economically backward

The Supreme Court on Monday agreed to examine whether benefit of quota in government employment and admissions to state-run institutions be first given to those members of quota-covered communities who continue to be the most socially and economically backward.

A bench of Justices Surya Kant and Joymalya Bagchi has asked for a response from Union government on a joint petition filed by two people, one belonging to the SC community and the other an OBC. Following brief arguments from advocate Reena Singh. the top court had a was careful in its observations. "This is a sensitive issue requiring careful consideration." Singh said petitioners do not seek any change in quota percentage for scheduled communities.

Further, Justice Kant said that many form SC, ST and OBC communities had been uplifted socially and economically by gaining the elite categories of government employment because of the reservation system. He added that they could provide for the best of education and facilities to their children, adding that it was probably the time to consider whether such a class of people should continue to avail reservation at the cost of their own community members who really require the provisions.

A seven-member bench, authored by Justice B R Gavai, only the second member from the Dalit community to become CJI, had on August 1, 2024 permitted states to sub-categorise castes within SC communities based on degrees socio-economic backwardness and and under-representation in government jobs to ensure that the larger pie of 15% quota went to the most backward.

At the time, the court had directed state governments to devise suitable criteria to bar the ' creamy layer' among SCs from availing reservation.

The petitioners have argued, "Candidates from affluent SC, ST and OBC families often secure reserved jobs and seats. Individuals from extremely poor backgrounds and needy aspirants seldom get a chance to get a job or admission to government colleges despite the reservation policy. This defeats the purpose of social justice and perpetuates inequality within reserved categories."

"By incorporating an economic threshold within reservations, the policy would align with the broader constitutional mandate of creating an egalitarian society. Furthermore, such reforms would prevent monopolisation of benefits by a privileged few, ensuring that affirmative action remains a dynamic and effective tool for socio-economic upliftment," they argued.

(With ToI inputs)