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Supreme Court judge Justice Pankaj Mithal.
Credit: allahabadhighcourt.in
New Delhi: A Supreme Court judge Justice Pankaj Mithal on Thursday said a periodical exercise has to be undertaken to exclude the class of person who after taking advantage of reservation has come to march, shoulder to shoulder with the general category.
"The policy of reservation as enshrined under the Constitution and by its various amendments requires a fresh re-look and evolvement of other methods for helping and uplifting the depressed class or the downtrodden or the persons belonging to SC/ST/OBC communities," he said.
While favouring sub categorisation of SC/STs, he noted some in the backward classes have marched ahead, it has become imperative to uplift the backward of the backwards, for which purpose sub-classification has become the order of the day.
Justice Mithal said reservation, if any, has to be limited only for the first generation or one generation and if any generation in the family has taken advantage of it and has achieved higher status, the benefit would not be logically available to the second generation.
"So long no new method is evolved or adopted, the system of reservation as prevailing may continue to occupy the field with power to permit sub classification of a class particularly scheduled caste as I would not be suggesting dismantling of an existing building without erecting a new one in its place which may prove to be more useful," he said.
Justice Mithal, while referring to Bhagwad Gita and Ramcharit Manas, Skand Puran, said there was no caste system in ancient India i.e., Bharat.
"The misconstruction of the varna system as a caste system was a social defect that crept in with time and was not considered to be good as it divided the society and brought about discrimination & inequality," he said.
Not only the judges but also the former Prime Minister have appeared to be against providing reservation to any class or caste of persons on purely caste basis and wanted to take the country forward on merit basis. However, the constitutional amendments were made and the reservation policy was rightly applied.
"Since its implementation faced difficulties as some in the backward classes have marched ahead, it has become imperative to uplift the backward of the backwards, for which purpose sub-classification has become the order of the day," he wrote.
Justice Mithal also referred to a letter written by Pandit Jawahar Lal Nehru on June 27, 1961 to all the Chief Ministers of all the States lamenting upon the habit of giving reservations and privileges to any caste or group.