With a decisive majority of 6:1, the seven-judge Supreme Court bench headed by Chief Justice D Y Chandrachud on August 1 ruled that state governments can create sub-categories within Scheduled Castes (SCs) and Scheduled Tribes (STs) to allocate greater reservation benefits to certain categories. This bench overturned a 2004 judgment by a five-judge bench in the EV Chinnaiah case, which had held that sub-categorisation within SC/ST communities was not permissible.
The Supreme Court in its verdict said that the SCs are not an integrated or homogenous group. Notably, many states have argued that some castes among the SCs are underrepresented in reservations as compared to the dominant communities. The argument led to a debate over a sub-quota for these communities within the 15 per cent SC quota to ensure a more equal distribution of reservation benefits. The argument is based on the lines of the creamy layer spectrum under the OBCs quota.
With the latest Supreme Court verdict, the states are now empowered to make sub-classifications of SCs and STs for granting quotas within the reserved category to uplift more underprivileged castes. States can identify the differing degrees of discrimination or backwardness and focus on greater benefits to sub-classes of SCs. This would not violate the President’s exclusive authority under Article 341 to identify SCs. As per the verdict, sub-quotas should have empirical basis and the state cannot act on its whims.
Justice B R Gavai, in a separate but concurring opinion, stated that states should also exclude the creamy layer from SC and ST categories. In support of his judgment, he argued that it would be unfair to compare the children of the creamy layer (affluent class) within Scheduled Castes to the children of those engaged in manual scavenging in villages. Justice Gavai cited a quote from Dr BR Ambedkar, stating, “History shows that when morality faces the economy, it is the economy that wins.
The matter which was heard by a seven-judge bench since January 17, 2024 and which culminated in this verdict has ended all doubts and apprehensions about the reservation issue. The landmark ruling by the Supreme Court for sub-classification within Scheduled Caste (SC) and Scheduled Tribe (ST) categories allows for a more nuanced allocation of reservation benefits in jobs and education. This decision aims to address the disparities within these historically marginalised communities by ensuring that the most disadvantaged groups receive a fair share of the benefits.
According to the Constitution, the population is broadly divided into four categories based on caste: General, Other Backward Classes (OBCs), Scheduled Castes (SCs), and Scheduled Tribes (STs). With this new Supreme Court ruling, it will now be possible to create further sub-categories within SCs and STs. Subsequently, state governments will be able to grant greater reservation benefits to specific sub-groups within these communities.
