Supreme Court allows subclassification of SC/ST for separate quotas; Justice Trivedi dissents

PTC Web Desk: In a landmark 6:1 verdict, the Supreme Court on Thursday ruled that subclassification of Scheduled Castes (SC) and Scheduled Tribes (ST) is permissible for granting separate quotas to more marginalised groups within these communities. Justice Bela Trivedi provided the lone dissent.

The Constitution Bench, led by Chief Justice of India (CJI) DY Chandrachud, overturned a 2005 judgment which had stated that state governments could not create sub-categories within SCs for reservation purposes. The court upheld the Punjab Scheduled Caste and Backward Classes Act, 2006, and the Tamil Nadu Arunthathiyars Act. CJI Chandrachud said quota within quota did not contravene the principle of equality enshrined in Article 14 of the Constitution, as systemic discrimination often prevented SC/ST members from advancing.

The apex court said subclassification must be based on quantifiable and demonstrable data provided by the states. "States cannot act on whims or political expediency; their decisions are subject to judicial review," CJI Chandrachud noted.

Policy needed to identify creamy layer among SC, ST

Justice BR Gavai, concurring with the majority opinion, highlighted the state's duty to prioritise more disadvantaged communities within SC/ST. He pointed out that only a few within SC/ST categories currently benefit from reservations, and acknowledged the need to address deeper systemic oppressions. Justice Gavai recommended that states develop policies to identify the creamy layer within SC and ST categories to ensure genuine equality. Justice Vikram Nath agreed, stating that the creamy layer principle should apply to SCs just as it does to OBCs.

Dissenting Opinion

In her dissent, Justice Bela Trivedi argued that subclassification of SCs/STs by states contradicts Article 341 of the Constitution, which grants the President authority to prepare the SC/ST list. She stated that Article 341 aims to prevent political influence in the SC/ST list, and only Parliament can include or exclude castes from this list through legislation. Justice Trivedi warned that subclassification could lead to preferential treatment for some sub-classes at the expense of others within the same category.