New Delhi: In a landmark verdict, the Supreme Court on Thursday held that states are constitutionally empowered to make sub-classifications within the Scheduled Castes, which form a socially heterogeneous class, for granting reservation for the uplift of castes that are socially and economically more backward.
A seven-judge constitution bench headed by Chief Justice D Y Chandrachud, by a majority of 6:1, set aside the apex court’s five-judge bench verdict of 2014 in the EV Chinnaiah vs State of Andhra Pradesh case which had held that no sub-classification of Scheduled Castes (SCs) can be allowed as they are a homogeneous class in themselves.
CJI DY Chandrachud says there are 6 opinions. Justice Bela Trivedi has dissented and the CJI said majority of us have overruled EV Chinnaiah and we hold sub classification is permitted.
“The State in exercise of its power under Articles 15 (non-discrimination against any citizen on grounds of religion, race, caste, sex, place of birth) and 16 (equality of opportunity in public employment) of the Constitution is free to identify the different degrees of social backwardness and provide special provisions (such as reservation) to achieve the specific degree of harm identified,” held the CJI in his 140-page judgement.
Notably, this SC verdict overrules the 2004 judgment of a five-judge Constitution bench in the case of EV Chinnaiah vs State of Andhra Pradesh.
CJI DY Chandrachud says there are 6 opinions. Justice Bela Trivedi has dissented and the CJI said majority of us have overruled EV Chinnaiah and we hold sub classification is permitted.
Justice Bela M Trivedi, in a dissenting judgement, said that she disagrees with the majority judgement and added that in absence of executive of legislative power the states do not have any competence to sub classify the castes and sub-classify the benefits reserved for all of Schedule Caste.
Justice Trivedi said sub-classification by states would amount to tinkering with the Presidential notification under Article 341(2).
The Seven Judge Constitution Bench was dealing with issues relating to the sub-classification of reserved communities like SCs and STs.
CJI Chandrachud, while overruling judgement on Chinnaiah that held subclassification of the scheduled classes is impermissible, said that even at the lowest levels, the struggles with the class do not disappear with their representation.
Justice BR Gavai 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 Central Government had submitted before the Supreme Court that it is in favour of doing sub-classifications among Scheduled Tribes and Scheduled Castes.
The Supreme Court was dealing with the constitutional validity of Section 4(5) of the Punjab Act, which depends upon whether any such classification can be made within the class of Scheduled Castes or Scheduled Tribes or whether they are to be treated as a homogenous class.
The Punjab Government had stipulated that fifty per cent of the vacancies of the quota reserved for Scheduled Castes in direct recruitment shall be offered to Balmikis and Mazhabi Sikhs, subject to their availability, by providing first preference from amongst the Scheduled Caste candidates.
On March 29, 2010, the Punjab and Haryana High Court struck down the provisions, relying on the decision in E.V. Chinnaiah.
The appeal was filed in the top court against the High Court judgement. In August 2020, the top five-judge bench referred the matter to a larger bench.
