NEW DELHI: The Supreme Court on Friday (14th Feb) addressed a petition filed by some lawyers from Karnataka, who are seeking reservation for lawyers from marginalized communities in bar bodies. The Court acknowledged that this was an important matter but also made it clear that while diversity in bar bodies is necessary, they do not want these bodies to become divided along caste or religious lines.
The reservation system in India is a crucial policy designed to provide historically marginalized communities with equitable access to education, employment, and political representation. Communities such as Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) have long faced discrimination and social exclusion. The reservation policy was introduced as a corrective measure to counteract these historical injustices and promote social inclusivity.
The Supreme Court of India clarified that the executive and legislature decide if individuals benefiting from reservations should be excluded from further quota benefits. A recent ruling emphasized states’ authority to create sub-classifications within Scheduled Castes to aid the most marginalized. The court highlighted the importance of developing policies identifying the “creamy layer” for effective social justice.
The Supreme Court of India will hear West Bengal’s petition against the Calcutta High Court’s ruling, which invalidated the OBC classification of 77 communities, on January 28 and 29, 2025. The High Court deemed the classification unconstitutional, emphasizing that reservations can’t be based solely on religion. The outcome will influence reservations in jobs and education.
The Supreme Court has said that changing religion only to get reservation benefits is a misuse of the Constitution. It stated that such actions go against the purpose of helping disadvantaged groups through reservations. The ruling aims to protect the true intention of these constitutional provisions. This judgment sends a strong message to prevent the misuse of reservation benefits.
The Supreme Court On December 9 addressed West Bengal’s petition against the Calcutta High Court’s annulment of OBC classification for 77 communities, mainly Muslim. Justice Gavai emphasized reservations cannot be religion-based. While Sibal defended the classification as socially rooted, Patwalia critiqued its implementation. The Court scheduled further hearings for January 2025.
The Bombay High Court Yesterday (Nov 29) upheld the closure of a case against a woman who had been booked under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) on allegations that she had sent casteist messages to her ex-boyfriend while ending a romantic relationship.
The Supreme Court on Monday(18th Nov) criticized the Delhi High Court Bar Association’s handling of women’s reservation petitions, urging a 33% quota. Despite prior recommendations for women’s positions, recent resolutions were rejected amid vocal opposition from a male-dominated meeting. The Court plans to address the issue further on November 29, amid ongoing litigation.
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The Delhi High Court ruled that migrants in Delhi cannot be denied reservation benefits based solely on out-of-state caste certificates. This decision, supporting a candidate’s eligibility for a ‘Staff Nurse’ position, emphasized the city’s inclusive nature and condemned discrimination against scheduled caste candidates based on the origin of their caste certificates.
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