Mains Paper 2: Polity | Structure, organization and functioning of the Executive and the Judiciary
From UPSC perspective, the following things are important:
Prelims level: Judgment of the SC, Judges Cases
Mains level: Debate over Reservations.
The Constitution Bench was answering a reference made to it in Bir Singh versus Delhi Jal Board, a 2013 case, on the legal question whether a Scheduled Caste person from a State would be accorded the same concessions in employment in another State.
Pan-India reservation rule applies to Delhi
- Reservation is State-specific, but Delhi is a ‘miniature India’ where the “pan-India reservation rule” applies according to the Supreme Court.
- A five-judge Constitution Bench led by Justice Ranjan Gogoi unanimously held that a person belonging to a Scheduled Caste in one State cannot be deemed to be a Scheduled Caste person in relation to any other State to which he migrates for the purpose of employment or education.
- The benefits of reservation provided for by the Constitution would stand confined to the geographical territories of a State/Union Territory.
- This is in respect to which the lists of Scheduled Castes/Scheduled Tribes have been notified by the Presidential Orders issued from time to time.
- But Justice Banumathi, in a separate opinion, dissented with the majority opinion on the point that the pan-India reservation rule for Delhi was fully in accord with the constitutional structure of a federal polity.
- She said the very object of the constitutional scheme of upliftment of the SCs/STs of these Union Territories would be defeated if pan-India reservation is allowed in Union Territories like Delhi.
- However she agreed that reservation should be State-specific.