Context:A five-judge Constitution Bench of the Supreme Court recently held that providing 100% reservation for tribal teachers in schools located in Scheduled Areas across the country is unconstitutional.
- The five-judge Bench was answering a reference made to it in 2016 on whether 100% reservation is permissible under the Constitution.
- More about the case involved:
- The aforesaid case stemmed from a legal challenge to January 10, 2000 order issued by the erstwhile State of Andhra Pradesh Bench providing 100% reservation to the Scheduled Tribe candidates.
- Out of total seats,the order of the state had also reserved 33.1/3% seats for women, for the post of teachers in schools located in the Scheduled Areas of the State.
- The 2000 notification of the state was given retrospective effect to bring to life to its predecessor of 1986.
Recent Judgement of the SC
- Court said that 100% reservation is discriminatory and impermissible.
- The opportunity of public employment is not the prerogative of few.
- Other backward sections are also neglected:A 100% reservation to the Scheduled Tribes has deprived Scheduled Castes and Other Backward Classes of their due representation.
- The Supreme court also referred to the Indira Sawhney judgment
Few earlier related judgements
Indira Sawhney case
- It has put a cap of 50% on reservation.
- Backward class of citizens in Article 16(4) can be identified on the basis of the caste system & not only on economic basis.
M Nagraj case
- The 50% reservation limit ensures equality of opportunity.