The Supreme Court of India, on Thursday, clarified that the responsibility to decide on excluding certain individuals from reservation benefits falls on the executive and the legislature, not the judiciary. This statement came from a bench comprising Justices B R Gavai and Augustine George Masih during a hearing involving a plea related to last year’s seven-judge Constitution bench judgment.
Justice Gavai, referencing the apex court’s verdict from August of the previous year, highlighted that individuals who have already benefited from quota systems and are capable of competing without such advantages should ideally be excluded from further reservation benefits. However, he noted, “It is a call to be taken by the executive and the legislature.”
The Constitution bench’s majority verdict previously affirmed the constitutional power of states to create sub-classifications within the Scheduled Castes (SC), allowing for more targeted reservation policies to aid the most socially and educationally backward among them. Justice Gavai, who authored a separate opinion as part of that bench, had advocated for states to develop a method to identify a “creamy layer” within the SCs and Scheduled Tribes and exclude them from reservation benefits.
During Thursday’s proceedings, the petitioner’s counsel cited the previous directive for states to draft a policy for this purpose, noting that nearly six months had passed without action. The Supreme Court, however, declined to intervene further, suggesting that legislative bodies should address the matter through appropriate laws.
Justice Gavai reiterated that the court’s role was to permit sub-classification based on quantifiable data reflecting backwardness and representation in government employment, rather than making policy decisions based on political considerations.
