Supreme Court Constitution Bench Okays Separate Quotas For Marginalised Among SC/STs

New Delhi: A seven-judge Constitution bench of the Supreme Court on Thursday allowed sub-classification within Scheduled Caste and Scheduled Tribe categories to provide reservation in jobs and education for the more marginalised among backward communities.

The landmark verdict was passed by the bench led by Chief Justice of India DY Chandrachud by a 6:1 majority. The verdict was dissented by Justice Bela Trivedi.

The verdict overrules the 2004 judgment of a five-judge Constitution bench in the case of EV Chinnaiah vs State of Andhra Pradesh.

During the hearing, the Centre had told the court that it in favour of sub-classification in the Scheduled Caste and Scheduled Tribe categories. The Chief Justice had observed that there was a distinction between “sub-classification” and “sub-categorisation” and held that states may have to sub-categorise reserved category communities to ensure that benefits reach more backward groups.

“The members of SC/ST categories are not often unable to climb up the ladder due to the systemic discrimination they face. Article 14 permits sub-classification of caste,” the Chief Justice said, adding, “Historical evidence shows that depressed class were not a homogenous class.”

The court noted that any sub-classification in backward communities will have to be determined on the basis of empirical data to show that there is an inadequacy of reservation for the sub-class.