The Supreme Court has said that the benefits of reservation should not be passed on to their heirs who have been in the category of wealthy by taking advantage of reservation for 70 years. On not being able to reach the needy people of the Scheduled Castes and Scheduled Tribes in the true sense of the reservation over the years, the court said, the government should re-create the list of scheduled castes and scheduled tribes.
A five-member Constitution Bench comprising Justice Arun Mishra, Justice Indira Banerjee, Justice Vineet Sharan, Justice MR Shah and Justice Anirudh Bose said, “It is not that the list of the class who get reservation is sacred and cannot be teased.” The principle of reservation is to benefit the needy.
The Constitution Bench said in one of its orders, there is a conflict within the Scheduled Castes, Scheduled Tribes and Backward Classes as to what should be the qualification for eligibility. The bench said, it is the responsibility of the government to change the list as was said by the nine-member bench in Indra Sawhney case.
Court said that the benefit of reservation could not be available The constitution bench said, there are socially and economically strong people within the reserved class. In such a situation, there is a struggle for the need to bring the needy people into the social mainstream, despite this, they are not getting the benefit of reservation in real sense. Voices are being raised about this.
The court made this recommendation in the decision to declare 100% reservation for scheduled tribes in the recruitment of teachers in notified areas of Andhra Pradesh as unconstitutional. “It agrees with the plea of senior advocate Rajiv Dhawan that there is a need to reconsider the list of reserved classes,” the bench said.