Supreme Court's Big Order On Quota: Sub-Classification of SC/ST permissible

A seven-judge Constitution bench of the Supreme Court today okayed sub-classification within Scheduled Caste and Scheduled Tribe categories to provide reservation in jobs and education for the more marginalised among backward communities.

The landmark verdict was passed by the bench led by Chief Justice of India DY Chandrachud by a 6:1 majority, with Justice Bela Trivedi dissenting. Six separate judgments were written. The verdict overrules the 2004 judgment of a five-judge Constitution bench in the case of EV Chinnaiah vs State of Andhra Pradesh, which had held that state governments had no power to create sub-categories of SCs for the purpose of reservation. The other judges on the bench were Justice BR Gavai, Justice Vikram Nath, Justice Pankaj Mithal, Justice Manoj Misra and Justice Satish Chandra Mishra.

Holding that quota within quota was not against quality, the CJI Chandrachud said members of SC/ST were not often able to climb up the ladder due to the systemic discrimination faced. Sub-classification is permissible, and 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 subclassification in SCs and STs would have to be justified by quantifiable and demonstrable data by the states. "States cannot act on its whims or political expediency and its decision is amenable to judicial review," CJI Chandrachud said.

Concurring with the majority judgement, 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 SC/STs which have faced more oppression for centuries," Justice Gavai said.

However, Justice Gavai said states must bring out a policy to identify creamy layers among the SC and ST categories before granting subclassification."This is the only way to gain true equality," he said. Echoing his view, Justice Vikram Nath said the creamy layer principle applied to the SCs just like it was applicable to the OBCs.

In her dissenting verdict, Justice Bela Trivedi said subclassification of SCs/STs by states was contrary to Article 341 of the Constitution. This Article confers the President the right to prepare the list of SC/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 of the Presidential list," Justice Trivedi said.