The Supreme Court on Thursday held that sub classification of Scheduled Castes (SCs) and Scheduled Tribes (STs) is permissible to grant separate quotas for the more marginalized among backward communities. Justice Bela Trivedi dissented.
The Constitution Bench, led by Chief Justice of India (CJI) DY Chandrachud, overruled the 2005 judgment of the top court, which had held that state governments had no power to create sub-categories of SCs for the purpose of reservation.
The court thus upheld the Punjab Scheduled Caste and Backward Classes Act, 2006, and the Tamil Nadu Arunthathiyars Act.
Holding that quota within a quota was not against equality, CJI Chandrachud said members of SCs/STs were not often able to climb up the ladder due to the systemic discrimination faced.
“Sub-classification does not violate the principle of equality enshrined under Article 14 of the Constitution,” the top court said.
However, the Supreme Court said the basis of sub classification in SCs and STs would have to be justified by quantifiable and demonstrable data from the states.
“States cannot act on their whims or political expediency, and their decisions are amenable to judicial review,” CJI Chandrachud said.
Concurring with the majority judgment, Justice BR Gavai said it was the state’s duty to give preferential treatment to the more backward communities.
“Only a few people within the category of SC/ST are enjoying the reservations. The ground realities cannot be denied, and there are categories within the SCs/STs that have faced more oppression for centuries,” Justice Gavai said.
However, Justice Gavai said states must develop a policy to identify creamy layers among the SC and ST categories before granting subclassification.
“This is the only way to achieve true equality,” he said. Echoing his view, Justice Vikram Nath said the creamy layer principle applied to SCs just as it was applicable to the OBCs.
WHAT THE DISSENTING VERDICT SAID
In her dissenting verdict, Justice Bela Trivedi said subclassification of SCs/STs by states was contrary to Article 341 of the Constitution. Article 341 confers the President the right to prepare the list of SCs/STs.
Justice Trivedi said Article 341 was enacted to prevent political factors from playing a role in the SC/ST list.
“Castes can be included or excluded from the Presidential list only by a law enacted by Parliament. Subclassification will amount to tinkering with the Presidential list,” Justice Trivedi said.
“Any preferential treatment for a sub-class within the Presidential list will lead to the deprivation of the benefits for the other classes within the same category,” she further said.