New Delhi: Supreme Court Allows Sub-Classification Within SCs and STs for More Equitable Reservations

NEW DELHI: In a historic judgment on Thursday, Supreme Court ruled that sub-classification within reserved categories of Scheduled Castes (SCs) and Scheduled Tribes (STs) is permissible. This aims to provide reservations for more marginalized among these communities. The decision, delivered by seven-judge constitution bench was passed with 6:1 majority.

Chief Justice of India (CJI) DY Chandrachud pronounced judgment. Six justices concurring and one dissenting. Justice Bela Trivedi dissented from majority view. This verdict overturns precedent set by EV Chinnaiah judgment of 2004. That had held that sub-classification within reserved categories was impermissible.

The seven-judge constitution bench, led by Chief Justice Chandrachud also included Justices BR Gavai, Vikram Nath Bela M Trivedi, Pankaj Mithal Manoj Misra and Satish Chandra Sharma. The bench reserved its judgment on February 8, 2024.

While pronouncing verdict CJI Chandrachud stated, “Holding of Chinnaiah that sub-classification of Scheduled Classes is impermissible is overruled.” He emphasized struggles faced by individuals within these classes persist even at lowest levels. This remains true despite their representation.

In concurring judgment Justice BR Gavai underscored state's duty to provide preferential treatment to more backward communities within reserved classes. He noted, “Only few individuals within SC/ST categories are enjoying benefits of reservation.” Ground realities cannot be denied.

Justice Gavai further stressed need for states to develop policy to identify creamy layer among SCs and STs. He argued that creamy layer principle which currently applies to Other Backward Classes (OBCs), should also be extended to SCs and STs.

Justice Vikram Nath concurred. He agreed that creamy layer concept is equally applicable to SCs and STs

Justice Bela Trivedi lone dissenter, held that sub-classification within reserved categories is not permissible under Constitution. She argued that such move could lead to divisions and inequality within SC and ST communities.

The Supreme Court's decision is seen as significant step towards ensuring that benefits of reservation reach most marginalized sections within SC and ST communities. It calls for states to create policies. These policies should address inequalities within these categories.

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