Topic:Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.
3) The apex Court’s Indra Sawhney judgment is a landmark in the domain of reservations in India, Remark. Does the Supreme Court’s stand in the 2018 Jarnail Singh case follow the same principles as laid out in the Indra Sawhney case? Analyse.(250 words)
Why this question:
The Central government has asked the Supreme Court of India to refer to a seven-judge Bench the question whether the creamy layer concept should apply (or not) to Scheduled Castes and Scheduled Tribes while giving them reservation in promotions. Thus the question.
Key demand of the question:
One must comment upon the Supreme court’s historical Indra Sawhney judgment that has proven to be a landmark case. Also discuss the relevance of Jarnail singh case and the current context of reservation amidst the creamy layer principle.
Analyze – When asked to analyse, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary.
Structure of the answer:
In brief discuss the reservation system prevalent in India, trace its historical coming into existence.
Explain that the progression from poor to bourgeois to elite is a welcome evolution in nation-building.
Present the debates over reservation around the concept of creamy layer.
Explain that a close reading of relevant constitutional provisions and the verdict in Indra Sawhney make it clear that the SC/STs are given job reservations not because they are poor but because they are excluded. The first part of Article 335 stipulates job reservations for SC/STs as a right of representation, not as a welfare measure. However, the creamy layer among SC/ST employees helps fulfill the second part of Article 335 that requires maintaining the “efficiency of administration.
Discuss the current scenario, explain the government’s stand.
Conclude with way forward.