In a landmark verdict, the Supreme Court on Thursday said states are empowered to make sub-classifications of SCs and STs for granting quotas inside the reserved category to uplift the more underprivileged castes.
A seven-judge constitution bench headed by Chief Justice D Y Chandrachud held by a 6:1 majority that the further sub-classification of SCs and STs by states can be permitted to ensure the grant of quota to more backward castes inside these groups.
The majority verdict said the basis of sub-classification has to be justified by "quantifiable and demonstrable data by the states, which cannot act on its whims".
The bench, also comprising justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra Mishra, was hearing 23 petitions, including the lead one filed by the Punjab government challenging a 2010 verdict of the Punjab and Haryana High Court.
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Supreme Court allows sub-classification in SC, ST for quota
Here is a breakdown of the entire case:
What did the apex court say in its previous judgment?
The bench had reserved its judgment in the case in February this year.
"There is heterogeneity in terms of past occupation. social status and other indicators may be different for different castes inside the Scheduled Castes. So, the degree of social and economic backwardness may vary from one person or caste to another," the top court had then said.
Centre’s stand on sub-classifications among SCs, STs
The Central Government had submitted before the too court that it is in favour of doing sub-classifications among Scheduled Tribes and Scheduled Castes.
‘States must identify creamy layer in SCs, STs’
Justice Gavai, part of the seven-judge bench, today said there are categories within the SC/STs that have faced oppression for centuries and opined that the state must evolve a policy to identify the creamy layer among the SC/ST category.
The top court said members of SCs and STs are often unable to climb up the ladder due to the systemic discrimination faced by them.
What makes it a landmark judgment?
The top court overruled its 2004 judgement of a five-judge bench in the EV Chinnaiah case in which it was held that SCs and STs are homogenous groups and hence, states cannot further sub-classify them to grant quota inside quota for more deprived and weaker castes in these groups.
The Chinnaiah judgement had held any 'sub-classification' of SCs would violate Article 14 (right to equality) of the Constitution.
The 2004 verdict had stated that only Parliament, and not state legislatures, can exclude castes deemed to be SC from the Presidential List under Article 341 of the Constitution.
The Punjab government, in 2011, had approached the top court assailing the high court's verdict, saying the apex court's 2004 judgement was not applicable to it.
Taking up the plea of the Punjab government, a five-judge bench headed by Justice Arun Mishra (since retired), on August 27, 2020, had differed with the Chinnaiah judgement and referred it for adjudication by a larger bench of seven judges or more for an authoritative pronouncement.
A voice of dissent in today’s judgment:
Writing a dissenting verdict, Justice Trivedi said states cannot tinker with the scheduled caste list notified under Article 341 of the Constitution.
Justice Trivedi said affirmative action of states has to be within constitutional fold.
She said the state's action to provide reservation even if well intentioned cannot be justified by the Supreme Court using powers under Article 142.
What is the reservation status right now?
In central government-funded higher education institutions, 22.5 per cent of available seats are reserved for SC and 7.5 per cent for ST students. The same yardstick is applied in the case of public employment as well. In Punjab and Haryana, there is no ST population.
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