Tamil nadu arunthathiyar reservation act, 2009

Why in news?

Seven judge constitutional bench of the Supreme court headed by CJI D.Y.Chandrachud, by 6:1 majority judgement upheld the validity of the “Tamil nadu arunthathiyar reservation act, 2009.

ØThe judgement cited that SCs don’t constitute a homogenous class as a whole and iterated that the extent of the backwardness varied greatly even within the groups within the presidential SC list.

In doing so it quashed the previous judgement of 2004 which held that groups within SCs constitute a homogenous class and the state government has no authority to provide preferential treatment to few entities within the presidential SC list and only the parliament has the power to do so.

The court has moved away from the notion of “formal equality to the notion of Substantive equality” which is a welcome step.

History:

ØIn 1951, there was 16% reservation for SC/STs and 25% for OBCs.

ØThe Karunanidhi regime in 1971 increased the OBC reservation to 30% and SC/STs to 18%.

ØIn the late 1980s, his government conferred 20% reservation to Most Backward Classes (MBCs) in a radical move, carving them out of the OBC category.

ØThe current reservation breakup of the state includes 30% for BCs (including Christians and Muslims), 20% for MBCs, 18% for SCs, and 1% for the ST community.

ØChief Minister M Karunanidhi steered the Act that provided 3% internal reservation to the Arunthathiyars within the existing 18% quota for SCs