Subclassification of SC/ST

In a significant stride towards social equality, a 7-judge bench of the Supreme Court(by 6-1) held that sub-classification of Scheduled Castes is permissible to grant separate quotas for more backwards within the SC categories.

Chief Justice of India DY Chandrachud stated that there are 6 judgments, all concurring. The majority has overruled the EV Chinniah judgment which held that sub-classification is not permissible. Justice Bela Trivedi dissented.

The 7-judge Constitution Bench was considering essentially two aspect : (1) whether sub-classification with the reserved castes be allowed? and (2) the correctness of the decision in E.V.Chinnaiah v. State of Andhra Pradesh, (2005) 1 SCC 394, which held that ‘Scheduled Castes’ (SCs) notified under Article 341 formed one homogenous group and could not be sub-categorized further.

The Bench comprising Chief Justice of India DY Chandrachud, Justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra Sharma reserved the judgment on February 8 this year after hearing the matter for three days.

Sub-classification does not violate Articles 14, 341 : CJI’s opinion

CJI DY Chandrachud in his judgment referred to historical evidence which suggested that scheduled castes are not a homogeneous class. Sub-classification does not violate the principle of equality enshrined under Article 14 of the Constitution. Also, sub-classification does not violate Article 341(2) of the Constitution. There is nothing in Articles 15 and 16 which prevents the State from sub-classifying a Caste.

The basis of subclassification has to be justified by quantifiable and demonstrable data by States, it cannot act on its whims.