Supreme Court Greenlights SC/ST Sub-Classification in Historic Verdict

The Supreme Court, in a 6:1 majority ruling led by CJI DY Chandrachud, has permitted sub-classification within SC/ST reservations. The judgement, overruling a previous five-judge bench decision, was rendered by a seven-judge bench. Justice Bela M Trivedi dissented, arguing states lack the authority for such measures.

The Supreme Court on Thursday issued a landmark ruling by a majority judgement of 6:1, permitting sub-classification within the scheduled caste and scheduled tribes (SC/ST) reservation. A seven-judge bench led by Chief Justice of India DY Chandrachud overturned an earlier judgement by a five-judge bench in the EV Chinnaiah case, which had ruled that sub-classification was not permissible because SC/STs form homogenous classes.

Besides CJI Chandrachud, justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra, and Satish Chandra Sharma comprised the bench. Justice Bela M Trivedi, in her dissenting opinion, disagreed with the majority judgement. The bench was addressing issues related to the sub-classification of reserved communities like SCs and STs.

In overruling the Chinnaiah judgement, CJI Chandrachud noted that even at the lowest levels, class struggles do not disappear with representation. Justice BR Gavai highlighted that certain categories within SC/STs have faced centuries of oppression and suggested a state policy to identify the creamy layer within the SC/ST category.

Justice Trivedi, in her dissenting judgement, argued that states lack the executive and legislative power to sub-classify castes or the benefits reserved for the entire Schedule Caste. She stated that such sub-classification would interfere with the Presidential notification under Article 341(2). The Central Government supported sub-classifications among SCs and STs.

The case examined the constitutional validity of Section 4(5) of the Punjab Act, which questioned whether any sub-classification can be made within the class of Scheduled Castes or Scheduled Tribes or if they should be treated as homogenous. The Punjab Government had stipulated that fifty percent of the vacancies from the SC quota in direct recruitment should be offered to Balmikis and Mazhabi Sikhs, subject to availability, giving them first preference within Scheduled Caste candidates.

The Punjab and Haryana High Court struck down these provisions on March 29, 2010, citing the EV Chinnaiah decision. An appeal was filed in the Supreme Court against the High Court verdict. In August 2020, a five-judge bench referred the matter to a larger bench for consideration.