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The bench, also comprising justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra Mishra, is hearing 23 petitions, including the lead one filed by the Punjab Government challenging the 2010 verdict of the Punjab and Haryana High Court.
The high court had struck down Section 4(5) of the Punjab law, which gave 50 per cent SC quota to ‘Valmikis’ and ‘Mazhabi Sikhs’, as unconstitutional on grounds, including that the provision violated a five-judge Constitution bench judgement of 2004 of the Supreme Court in the case of EV Chinnaiah vs. State of Andhra Pradesh.
The Chinnaiah judgement had held that any ‘sub-classification’ of the Scheduled Castes would violate Article 14 (right to equality) of the Constitution. The 2004 verdict had stated that only Parliament, and not state legislatures, can exclude castes deemed to be SC from the Presidential List under Article 341 of the Constitution. The Punjab government, in 2011, had come to the top court assailing the high court’s verdict, saying the apex court’s 2004 judgement was not applicable to it. Taking up the plea of the Punjab government, a five-judge bench headed by Justice Arun Mishra (since retired), on August 27, 2020, differed with the Chinnaiah judgement and referred it for adjudication by a larger bench of seven judges or more for an authoritative pronouncement. “We endorse the opinion of a bench of three judges that EV Chinnaiah is required to be revisited by a larger bench; more so, in view of further development and the amendment of the Constitution, which have taken place.
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In central-government funded higher education institutions, 22.5 percent of available seats are reserved for Scheduled Caste and 7.5 percent for Scheduled Tribe (ST) students. The same yardstick is applied in the case of public employments as well. In states like Punjab and Haryana, there is no ST population.