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New Delhi: The Constitution bench of seven judges in the Supreme Court (: Supreme Court) has made a big comment on the issue of reservation. The court has said that the castes which got benefits should come out of the reservation category. If that class has got the benefit of reservation, then it should pave the way for the most backward people.
During the hearing on Tuesday, Justice BR Gavai, also belonging to the Scheduled Caste, said, within a particular backward class, if some castes have reached that position and power, then they should be taken out, but it is only for the Parliament to decide.
He said that, what happens now, if a person from SC/ST goes to IAP/IPS etc. then his children do not have to suffer the disadvantages that persons from other SC communities have to suffer. But then on the basis of reservation, they are also entitled to the second generation and then the third generation.
Justice Vikram Nath said that some sub-castes have performed better in a particular category. If he is ahead in that category then he should come out of reservation and compete in the general category. The benefit of reservation should be given only to those who are still backward among the backward. Once they have got the benefit of reservation, they should opt out of it.
A seven-judge Constitution bench of the Supreme Court is hearing the legality of sub-categorization within the SC-ST categories.
