Should IAS and IPS children continue to get benefits of reservation, asks SC judge; Punjab govt says they shouldn't

In a bold move, the previous Congress-led government in Punjab, headed by Amarinder Singh, had pressed forward with its plans to designate Balmikis and Mazhabis (Sikhs) as Maha Dalits, earmarking 50 per cent of government jobs under the Punjab Scheduled Castes and Backward Classes (Reservation in Service) Act, 2006. This decision came despite the Punjab and Haryana high court striking down the move, prompting the state government to appeal to the apex court.

Advocating for this policy shift, Punjab's advocate general, Gurminder Singh, emphasized the necessity of identifying and supporting the most marginalized communities within the Scheduled Castes. He argued that providing opportunities for employment is essential for achieving equality. Senior advocate Nidhesh Gupta highlighted the disproportionate representation within the Scheduled Caste communities, where a minority occupies the majority of government posts.

"A member of the backward class securing 56% would have to be preferred over a forward class person securing 99% in the recruitment examination," stated the advocate general. He underscored the disparity in access to resources and opportunities, advocating for a fairer distribution of benefits.


Justice Gavai, himself a Dalit, questioned the perpetuation of reservation benefits across generations, especially for those who have already achieved positions in prestigious services like the IAS and IPS. This raises pertinent questions about the duration and necessity of reservation policies.

The Punjab government's stance suggests a nuanced approach to reservation, proposing that once a community categorized as Scheduled Caste has attained significant progress and representation in government jobs, it may no longer require reservation benefits. This viewpoint challenges the notion of reservation as a perpetual entitlement, as originally framed by the Constitution.

Critics of the Chinnaiah judgment fault its narrow interpretation of caste dynamics and its implications on achieving real equality among citizens. Singh and advocate Shadan Farasat argued for a broader understanding of constitutional provisions to address caste-based disparities effectively.

The ongoing debate before the bench of Chief Justice D Y Chandrachud and other justices reflects a crucial dialogue on the efficacy and fairness of reservation policies in India. As the legal battle unfolds, the outcome will have far-reaching implications for the future of affirmative action and social justice in the country.