SUB CLASSIFICATION OF SC,ST

GS II (GOVERNANCE, CONSTITUTION, POLITY, SOCIAL JUSTICE AND INTERNATIONAL RELATIONS)
SUB CLASSIFICATION OF SC,ST
Published on

The Supreme Court of India has issued a landmark ruling allowing states to sub-classify Scheduled Castes (SCs) and Scheduled Tribes (STs) for reservation purposes.

Overturning Previous Judgment: This 6-1 majority decision overturns the 2004 ruling in “E.V. Chinnaiah vs. State of Andhra Pradesh”, marking a significant shift in reservation policy.

Details of the Supreme Court’s Verdict

  • States are now allowed to sub-classify SCs and STs based on varying levels of backwardness.

  1. States can sub-classify SCs within the 15% reservation quota to provide better support for the most disadvantaged groups.

  2. Chief Justice of India emphasized the difference between "sub-classification" (permissible) and "sub-categorisation" (not to be used for political gain).

  • Sub-classifications must be based on empirical data and historical evidence of discrimination, not arbitrary decisions.

  • 100% reservation for any sub-class is not permissible. The decisions on sub-classification are subject to judicial review to prevent political misuse.

  • Creamy Layer Application: The 'creamy layer' principle, which applies to Other Backward Classes (OBCs), will now also apply to SCs and STs. This means excluding relatively advantaged individuals within these groups from reservation benefits.

  • Reservation benefits should be limited to the first generation of beneficiaries within a family.

Origins of the Sub-Classification Issue

  • The issue was referred to a seven-judge bench following the “State of Punjab v. Davinder Singh” case (2020).

  • The need to revisit the E.V. Chinnaiah ruling, which deemed SCs a homogeneous group, was identified.

  • Punjab Scheduled Caste Act (2006):  This Act’s provision to divide SC reservations among specific groups led to legal challenges.

  • High Court Ruling: The Punjab and Haryana High Court had previously invalidated the sub-classification based on the E.V. Chinnaiah ruling.

Significance of the Verdict

  • Overturns the E.V. Chinnaiah ruling, which had restricted the ability to sub-classify SCs and STs.

  • Validates previously struck-down state laws and allows for more nuanced reservation policies.

  • Establishes a precedent for more tailored and effective reservation strategies across states.

Challenges for Sub-Classification

  • Data Collection and Evidence: Requires accurate and comprehensive socio-economic data to justify sub-classifications.

  • Balancing Interests: Navigating the balance between diverse needs and maintaining uniformity in policies.

  • Political and Social Resistance: Potential for political opposition and social tensions arising from new classifications.

  • Administrative Burden: Increased administrative complexity and resource requirements for managing sub-classifications.

Way Forward

  • Utilize updated census data and establish robust data verification processes for accurate sub-classification.

  • Define clear, objective criteria for sub-classification to avoid political or subjective biases.

  • Continuously assess the impact of sub-classification policies to ensure they effectively benefit the most disadvantaged.

  • Use sub-classification as a temporary measure, aiming for broader socio-economic development and reducing dependency on reservations over time.

This ruling marks a transformative shift in India’s reservation landscape, introducing a more nuanced approach to addressing historical disadvantages and aiming for more equitable social justice.

EAANg766aH1QBOzRzPcynroGauPTSN9eHFbB4p8JIqdt4GHeOMB6Oitqtd3xuqdqML3B6ojiVZCVLT4nX9twhptT4hQzchniTPcbqkd2LHicZBfbOtumzGkppnY2MUKUoGMx6hovy7eH851wtALd1A9IAHpHHkIy1Jmcs8minxwByHU0cWqcqbaaJW60TvWAAZDZD
logo
Advait IAS
advaitias.com