Supreme Court Wants To Know How Long The Backwardness Of SC And ST Will Continue

Weighing the legality and desirability of introducing the “creamy layer” elimination concept in reservation in promotion, the Supreme Court asked on Thursday whether the backwardness of Scheduled Castes and Scheduled Tribes would persist forever, requiring the perpetuation of quotas.

This response from a five-judge bench led by CJI Dipak Misra came after a clutch of senior advocates — additional solicitor general Tushar Mehta, Nidhesh Gupta, Dinesh Dwivedi, Indira Jaising, Rupinder S Suri, A Mariarputham and Sanjay Hegde — appearing for states and SC/ST employees, argued that the correctness of the SC’s 2006 Nagraj judgment putting a spoke in quota in promotion needed to be tested by a seven-judge bench.

The bench of CJI Misra and Justices Kurian Joseph, R F Nariman, Sanjay Kishan Kaul and Indu Malhotra said, “Entry-level reservation in employment on the basis of backwardness is no problem. But what is worrying us is the accelerated promotion to all SC/ST employees without looking into their status of employment.”

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