Supreme Court allows states for sub-classification within SCs/STs to give separate quotas

A bench of Judges led by Chief Justice of India (CJI) DY Chandrachud, overruled the 2005 judgment in the Supreme Court of India saying that states have the authority to make sub-classifications within the Scheduled Castes (SC) and Scheduled Tribes (ST) categories for reservations or quotas. 

While ruling the same Justice Bela Trivedi said that this ruling allows states to create sub-categories within the broader SC and ST groups to address specific needs or to ensure a more equitable distribution of benefits for the backward communities. The court, thus, upheld the Punjab Scheduled Caste and Backward Classes Act, 2006, and the Tamil Nadu Arunthathiyars Act.

Judgement followed by 6:1

A majority of six judges on a seven-judge constitution bench led by Chief Justice D Y Chandrachud decided that states may continue to progressively sub-classify SCs and STs to guarantee that more backward castes within these groupings receive quotas.

Six different rulings were rendered by the bench, which was composed of Justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra, and Satish Chandra Sharma.

However, the bench said that the basis of sub-classification in SCs and STs would have to be justified by quantifiable and verifiable data by the states.

Creamy layer must be made applicable to SC/STs: Justice Gavai

Adding to the judgment, Justice Gavai opined that the State must evolve a policy to identify creamy layers among the mentioned categories and ensure that the reservations should be limited to one generation only. While giving an example, the court said that if the first generation has reached higher status through the reservation, then the second generation should not be entitled to the benefits. Even Justice Pankaj Mithal agreed.

Meanwhile, it is important to note that based on the sub-classifications, states can now differentiate between various sub-groups within the SC and ST categories. For example, within the SC category, some groups may be given a higher preference based on their socio-economic conditions or level of marginalization.