The Supreme Court said on Thursday that it had previously expressed its opinions on whether those who have profited from quotas should be barred from receiving more reservations, and that it is now up to the legislature and government to decide whether it should be implemented.
Presiding over a two-judge bench, Justice BR Gavai stated, “We have given our view that taking into consideration the past 75 years, such persons who have already availed benefits and are in a position to compete with others, should be excluded from reservation. But it is a call to be taken by the executive and the legislature.”
The bench, which also included Justice A G Masih, was hearing a case that related to a 7-judge constitution bench’s August 1, 2024 order, which found by a 6:1 majority that Scheduled Castes (SCs) can be sub-classified based on identifiable and provable evidence for the purpose of quota.
Despite the fact that six months had gone since the judgement, Thursday’s plea stated that the states had yet to develop such a strategy. However, the bench, which also includes Justice A G Masih, has stated that it is unlikely to hear the case. It permitted the petitioner’s attorney to withdraw the plea and submit a representation before the convening body that may rule on the issue.
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On caste-based quota, Supreme Court says ’75 years of benefits enough’; over to Parliament now