Anant Sangal in his commentary on the landmark judgement of B.K Pavitra v. Union of India, titled “Whipping Up the ‘Cream’?- Indian Supreme Court and its Decision in B.K. Pavitra – II”, published in Volume 4(4) of our Journal, highlights major loopholes in the judgement while pointing out possible repercussions of the same.
The author elaborates upon two shortcomings of this judgement, that analyses the position of the Karnataka Extension of Consequential Seniority Act, 2018. This legislation provides for consequential seniority to persons belonging to the Scheduled Castes and Scheduled Tribes promoted under the reservation policy of the State of Karnataka.
This comment, critiques the Supreme Court for having given away its power to judicially review the basis on which the State provides reservation to the caste-minorities and its position on the question of creamy layer and its implementation to consequential seniority.