देश
State Can Grant Separate Reservation Quotas For More Backwards Within SC/ST Categories: Supreme Court
In a landmark verdict, a 7-judge constitutional bench of the Supreme Court by a majority of 6:1 held that sub-classification of Scheduled Castes/Scheduled Tribes is permissible to grant separate quotas for more backwards within the SC/ST categories. The Chief Justice of India (CJI) DY Chandrachud said that while six out of 7 judges held that sub-classification is permissible, Justice Bela Trivedi dissented.
The top court today overruled a 2004 judgment in E V Chinnaiah vs State of Andhra Pradesh which said there cannot be sub-classification of SCs/ST for the purpose of reservation.
CJI DY Chandrachud while pronouncing the verdict said that the Scheduled Castes are not a homogenous group and state governments can sub-classify them to give more weightage in reservation to those who suffered more discrimination among Scheduled Castes.
“Historical evidence shows that depressed class were not homogenous class and social conditions show that all classes under that is not uniform…We have also established through historical evidence that scheduled caste notified by the president are a heterogenous class. there is nothing in Article 15, 16 and 341 which prevents sub-classification for SC/STs if there is a rational for distinction and there is a rational nexus for the object sought to be achieved,” the CJI Chandrachud said.
He further said that State has to prove it by empirical and quantifiable data. State cannot act on its whims or political expediency and it is amenable to judicial review. State can sub-classify for the inadequate representation of some classes.
A seven-judge Constitution bench comprising CJI DY Chandrachud, Justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra, and Satish Chandra Sharma overruled the 2005 judgment of EV Chinnaiah case by 6:1 majority. The 2005 verdict held that sub-classification of SC/STs is contrary to Article 341 of the Constitution which confers the right on the President to prepare the list of SC/STs.
“The members of SC/ST are not often able to climb up the ladder due to the systemic discrimination faced. Article 14 permits sub-classification of caste. Court must check if a class is homogeneous or and a class not integrated for a purpose can be further classified,” the CJI said while pronouncing the verdict.
The question came up in the Supreme Court after the Punjab & Haryana High Court struck down the validity of the Punjab Scheduled Caste and Backward Classes (Reservation in Services) Act, 2006, which involved the sub-classification of reserved category communities. Following the high court verdict, the Punjab government moved the top court.
A similar law Tamil Nadu Arunthathiyars (Special Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State within the Reservation for the Scheduled Castes) Act, 2009, was passed in the state of Tamil Nadu which provided reservation for Arunthathiyars in educational institutions and State government positions within the State’s 18% reservation for Scheduled Castes.
The top court today upheld the validity of the laws passed by state of Punjab and Tamil Nadu and held that state governments can provide sub-classification within the Scheduled Castes and Scheduled Tribes lists to give more reservations to those who are more backward within the SC/ST category/
