"No Error Apparent On The Face Of The Record": SC Dismisses Petition Seeking Review Of Judgment Which With 6:1 Majority Held That Sub-Classification Of SC/ST Categories Is Permissible
The Supreme Court on September 24 dismissed a batch of review petitions filed against its Judgment whereby it held states are constitutionally empowered to make sub-classifications within the Scheduled Castes for granting reservations.
The Bench of Chief Justice DY Chandrachud, Justice B.R. Gavai, Justice Vikram Nath, Justice Bela M Trivedi, Justice Pankaj Mithal, Justice Manoj Misra and Justice Satish Chandra Sharma ordered, "Having perused the review petitions, there is no error apparent on the face of the record. No case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013 has been established. The review petitions are, therefore, dismissed."
Pertinently, on August 1, the seven-judge Bench had pronounced the judgment. There were six opinions in the judgement. Justice Bela Trivedi had dissented. The majority held that sub-classification is permissible.
CJI Chandrachud had authored an opinion for himself and Justice Manoj Misra. Justice Gavai and Justice Mithal had authored separate concurring opinions. Justice Gavai and the CJI had agreed with each other's conclusion. Justice Nath and Justice Sharma had agreed with the opinions of the CJI and Justice Gavai, while Justice Trivedi had dissented.
The majority overruled the decision in E.V.Chinnaiah v. State of Andhra Pradesh, (2005 SC). Senior Advocate Kapil Sibal and Solicitor General Tushar Mehta, among others, were present in Court during the pronouncement. The Central government had argued during the hearing that it supports sub-classification.
Justice B.R. Gavai, Justice Vikram Nath, Justice Pankaj Mithal and Justice SC Sharma had also held that the State must evolve a policy for identifying the creamy layer even from the Scheduled Castes and Scheduled Tribes so as to exclude them from the benefit of affirmative action.
Cause Title: Thumati Ravi v. The State of Punjab & Ors.
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