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Subclassification Of SC/ST And Its Fallout




Himanshu, Bennett University


ABSTRACT


The overruling of E.V Chinnaiah case has opened doors for the state to subclassify the Scheduled caste and the Scheduled tribe for the purpose of reservation, on the positive side this decision can turn out to help the minority caste within the SC/STs gain equal representation politically, socially and economically, however this decision can also have negative impact such as social tension, administration complexities, increased discrimination. this manuscript will briefly analyse the consequences and impact that subclassification can have and also this manuscript aims to suggest some steps government can take to avoid such problems.


On 1st August 2024, the Supreme Court of India delivered a landmark judgement by overturning the 2004 ruling of E.V Chinnaiah vs. State of Andhra Pradesh1, allowing the state authority to sub classify the scheduled caste and scheduled tribe for the purpose of reservation. The scheduled caste(SC) and scheduled tribe(ST) are marginalised section facing immense social, financial, political disparity and having limited access to education, employment, healthcare and various other sector. The decision of the supreme court to subclassify SC/ST on the basis of backwardness can have potential consequences on the SC/ST caste. In this manuscript we will be looking into the consequences this judgement can have on SC/ST, and ways to control them.


Subclassification is a process of dividing group of people into further smaller groups2, SCs/STs have various categories within them that are recognised based on their customs, accordingly subclassification aims to divide these groups based on factors including socio economic status, representation etc, which will ensure that the marginalised groups within the SCs/STs receive sufficient representation in every section of the society.

Opmerkingen


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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