Modi Government Contemplates Sub-Categorisation Within Scheduled Castes, To Address Benefit Imbalance

The Indian government is considering a plan to divide the scheduled castes (SC) category into sub-groups, creating separate quotas for specific castes within the SC community.

This idea aims to ensure that a few influential SC groups do not monopolise the benefits meant for the historically disadvantaged.

This proposal gained momentum due to the strong demand for sub-categorisation from the Madiga community in Telangana.

Unlike the other backward classes (OBCs), SCs and schedules tribes (STs) do not have a "creamy layer" concept, meaning all members, regardless of their economic status, have equal access to affirmative action benefits.

Additionally, there's a growing demand for OBC status from influential groups like the Marathas, Patels, and Jats, making the decision more complex.

In Telangana, the Madiga community comprises nearly half of the SC population, but feels that most opportunities are taken by the influential Mala community. As a result, the Madiga community is vigorously demanding a separate quota.

Similar situations can be found in other states, such as the Paswans in Bihar and the Jatavs in Uttar Pradesh.

While the Madiga community's demand has brought this issue into the spotlight, sub-categorisation could lead to increased disparities and competition, making it a complex and sensitive matter.

Two options are being considered: waiting for a larger Supreme Court bench to rule on the matter, as requested, or moving forward with a constitutional amendment.

It's worth noting that a similar process for sub-categorisation of the OBCs is already in progress through the Rohini Commission.

The history of sub-categorisation within SCs is contentious. In 2004, the Supreme Court declared Andhra Pradesh's sub-categorisation law for SCs as unconstitutional. Yet, in 2020, a Supreme Court five-judge bench acknowledged the state's authority to implement such sub-categorisation.

Several states, including Haryana in 1994, Punjab in 2006, and Tamil Nadu in 2008, have taken steps in this direction, but these efforts are on hold awaiting the Supreme Court's decision.

In February of this year, Karnataka passed a resolution to sub-categorise SC quotas, and the matter now awaits the Central government's decision.

Supporters within the government argue that data supports the claim that certain SC communities receive a disproportionately larger share of the benefits.

Another argument is that this amendment would apply not only to SCs but also to STs, addressing concerns when new entries are added to the SCs and STs lists, as seen in Jammu and Kashmir.

However, some have expressed concerns and adviced caution. According to the Supreme Court's ruling, states have the authority to handle this matter, so any central government amendment could be seen as infringing on states' powers.