The debate in the Supreme Court on reservation for Scheduled Castes in Punjab took an interesting turn on Tuesday. Justice BR Gavai, who comes from the Dalit community, raised serious questions on the matter.
The decision on reservation for the Scheduled Caste category in Punjab was taken in 2006. Under this, Valmiki and Mazhabi Sikhs were given Mahadalit status, and half of the total 15 percent reservation was reserved for them. In this way, both the communities got priority in SC reservation, but the High Court rejected it in 2010. Now, the Punjab government has reached the Supreme Court in its defense, where an interesting discussion is going on regarding reservation.
On Tuesday, the Constitution Bench of the Supreme Court made an important comment on this matter and asked whether the people of backward castes who have got the benefit of reservation, can they not now give it to other people of their same class so that they can also get it? Benefit? BR Gavai, who himself comes from the Dalit community and is going to become the Chief Justice in May next year, said, ‘If a person from the Scheduled Caste and Tribe category becomes an IAS or IPS, he has excellent facilities. There is no shortage left. Even after this, their children and then their children’s children also get reservation. The question is, should this continue?’
Representing the Punjab government before a seven-judge bench headed by Chief Justice DY Chandrachud, Punjab Advocate General Gurminder Singh said that the extremely backward people should be identified separately among the backward people. They should be given priority in employment opportunities. In the same discussion, senior advocate Nidish Gupta said that 33 percent of the Dalit population in Punjab. In this, the number of Valmiki, Bhangi, and Mazhabi Sikhs is 29 percent. He said that out of 81 percent of the posts in the state government jobs, 43 percent are occupied by people from the SC community. Apart from this, the representation of the other 57 percent is only 19 percent.
He said that if a person from the backward class gets 56 percent and a person from the forward class gets 99 percent marks, then the backward class should be given priority. The reason for this is that the people who travel forward have all the necessary facilities, including airplanes. While a person from the backward class has to struggle amidst many disadvantages. He said that in the same way, those who get the benefit of the SC quota once get facilities. In such a situation, they should pave the way for others. Gurminder Singh said that the framers of the Constitution did not intend that once someone gets a reservation, they should continue to take advantage of it.
