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Supreme Court Rulings on SC/ST Reservation: A Historical Perspective


Yesterday[August 1,2024], in a landmark judgment, the Supreme Court of India, by a seven-judge bench, upheld that states have the authority to further subdivide groups within reserved categories (SC and ST) based on varying levels of backwardness to better allocate reservation benefits. Moreover, the Supreme Court said that sub-classification should be purely on the basis of data, not for political gain. This overturns the apex court’s 2004 decision in E V Chinnaiah v. State of Andhra Pradesh, in which it had held that the SC/ST list is a “homogeneous group” that cannot be divided further. The ruling included six separate opinions: five in favor of sub-classification and one dissent by Justice Bela Trivedi.

The judgment was delivered by the Chief Justice of India . The court emphasized the necessity of excluding the 'creamy layer' within the Scheduled Castes from reservation benefits intended for SC categories. Currently, this concept is only applied to reservations for Other Backward Classes (OBCs). Justice B.R. Gavai urged that states must develop a policy to identify and exclude the 'creamy layer' among Scheduled Castes and Tribes from affirmative action benefits. He argued that this step is essential for achieving genuine equality as envisioned in the Constitution and stated that children of individuals who have benefited from reservations should not be equated with those who have not.

Justice Vikram Nath supported Justice Gavai's view, asserting that the 'creamy layer' principle applicable to OBCs should also apply to SCs and STs, albeit with different criteria. Justice Pankaj Mithal argued that reservations should be limited to the first generation. Once a member of the first generation attains a higher status through reservations, subsequent generations should not be entitled to the same benefits.

Justice Satish Chandra Sharma echoed the need for a constitutional mandate to identify the 'creamy layer' within SC/ST communities. Justice Vikram Nath reiterated his agreement with Justice Gavai, emphasizing that the criteria for excluding the 'creamy layer' among SC/STs might differ from those used for OBCs.

To understand this event, charts of the Republic of India and the Supreme Court are relevant, as the event pertains to the Constitution of India.

Currently, the Supreme Court of India is under the influence of Mercury (10th House, Authority), Ketu (7th House), and Mars (9th Lord - Law). Mars[Logic] and Ketu are also under the aspect of Jupiter (Judicial System). In the Navamsa chart, Mars, again the 9th Lord (Law), is positioned in the 10th House (Authority) with Ketu. Mars and Ketu are closely conjunct in both the RashiChart and the Navamsa Chart in Kendra[Angle] . This creates a perfect Rajyoga, as Mars, the 9th Lord (trine Lord or Trikone Lord ), and Ketu are positioned in the Kendra (angle house) both in Rashi Chart and Navmansha Chart . But Mars [Law] is aspected by Saturn[Masses, Political Parties] in Navmansha. Mahadasha Lord Mercury is also under the aspect of 9th Lord Mars making a half Rajyoga of 9th Lord +7th and 4th Lord Mercury in Rashi Chart . Moreover, the Antar Dasha Lord Ketu and the Pratyantar Dasha Lord Moon are under the aspect of Jupiterin Rashi Chart , the most auspicious planet, and the Lagna Lord and the 10th Lord This further hints towards a judicious judgment by Supreme Court of India.



In the chart of the Republic, the nation is currently under Jupiter (Lagna Lord, 10th Lord)well placed in 11th House of gains with 8th Lord Venus and 6th Lord Sun , Mars (9th Lord, Law, Judiciary), and Saturn (Masses). Mars is closely conjunct with Ketu in the 7th House, forming a potent Rajyoga under the aspect of Jupiter (auspicious, judicious).Jupiter is also under Gajkeshri Yoga showing the strong   idealism. 6th Lord Sun [ obstacles , fight ] under sign exchange with Saturn the 11th Lord[gain in every way ]

However, in the Navamsa chart, Mars and Ketu are in the 8th House (Change, Humiliation, Defeat), under the aspect of Saturn and Mercury, suggesting some hidden political dynamics.

Moreover, the Pratyantar Dasha Lord Saturn (Masses, Political Parties) is in sign exchange with the Sun (Government )in Rashi Chart, but both are dire enemies. This indicates potential resentment between political parties [Masses] and the government.

Many such judgments are likely to be passed as the chart of the Supreme Court of India and the Republic of India is currently under the Antar Dasha of Ketu and Mars respectively ,Mars the 9th Lord (Law, Judiciary), which forms a Rajyoga in the 7th House with Ketu, under the aspect of Jupiter in both the Charts . Interestingly, Rahu is transiting in Meena (Pisces) in the Lagna of the charts of the Supreme Court and the Republic of India.


Published in Express Star Teller October 2024 issue

Written and Researched by Sunil Dutt


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