Supreme Court Allows Sub-Quotas For More Backwards Among SC/ST Categories

In a landmark judgment, the Supreme Court on Thursday (1 August) held that sub-classification of Scheduled Castes is permissible to grant separate quotas for more backwards within the SC/ST categories.

CJI Chandrachud stated that there are six judgments, all concurring.

The majority has overruled the EV Chinniah judgment which held that sub-classification is not permissible.

The 2005 judgment of EV Chinnaiah vs State of Andhra Pradesh which had held that sub-classification of SC/STs is contrary to Article 341 of the Constitution which confers right on the President to prepare the list of SC/STs.

Justice Bela Trivedi dissented from the majority and ruled that such sub-classification is not permissible.

"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 Bench said pronouncing its judgment, Bar and Bench reported.

The seven-judge Constitution bench was led by Chief Justice of India (CJI) D Y Chandrachud and comprised Justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra, and Satish Chandra Sharma.

The Court upheld the validity of laws which provide for such sub-classification in Punjab, Tamil Nadu and other States.

The SC Constitution Bench had reserved the judgment in the case on 8 February this year after hearing the matter for three days.

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