Rajasthan on High Alert Amid Bharat Bandh

• 22 Aug 2024

Why in News?

• Rajasthan is on high alert following a Bharat Bandh organized by the Reservation Bachao Sangharsh Samiti.
• The protest is in response to the Supreme Court's ruling that requires states to identify and exclude the 'creamy layer' among Scheduled Castes (SC) and Scheduled Tribes (ST) from reservation benefits.

Key Points

• The Supreme Court ruled that states are constitutionally allowed to sub-classify SCs and STs based on varying levels of backwardness.
• The seven-judge Bench ruled that states can now sub-classify SCs within the 15% reservation quota to provide better support for the most disadvantaged groups.
• The Supreme Court has ruled that the 'creamy layer' principle, previously applied only to Other Backward Classes (OBCs) (as highlighted in Indra Sawhney Case), should now also be applied to SCs and STs.
• This means states must identify and exclude the creamy layer within SCs and STs from reservation benefits.

Constitutionality of Organising a Bandh, Hartal, or Similar Protests

• Article 19(1)(c) of the Indian Constitution gives citizens the fundamental right to form associations or unions.
• Article 19 restricts the state's power in relation to the rights of its citizens, particularly the right to freedom of speech and expression.
• Article 19(1)(a) grants citizens the right to freedom of speech and expression, which includes expressing opinions, beliefs, and convictions through various means.
  • Demonstrations, as visible representations of ideas, are protected under freedom of speech, provided they are non-violent and orderly.
  • Strikes are not included within the scope of freedom of speech.
• Article 19 does not explicitly grant citizens the fundamental right to organise hartals, bandhs, or chakkajams.