SC rules states can sub-classify Scheduled Castes for quota

CALLS FOR EXCLUSION OF CREAMY LAYER’ AMONG THE SCs FROM RESERVATION BENEFITS

In a landmark verdict, the Supreme Court on Thursday held that states are constitutionally empowered to make sub-classifications within the Scheduled Castes (SCs), which form a socially heterogeneous class, for granting reservation for the uplift of castes that are socially and economically more backward.

A seven-judge Constitution bench headed by Chief Justice D Y Chandrachud, by a majority of 6:1, set aside the Apex Court’s five-judge bench verdict of 2014 in the EV Chinnaiah vs State of Andhra Pradesh case which had held that no sub-classification of SCs can be allowed as they are a homogeneous class in themselves.

Four out of the six judges, who supported sub-classification, stated in their judgments that creamy layer exclusion must be applied to SCs. At present, the concept of “creamy layer’’ is applicable only to the reservation for Other Backward Classes (OBCs).

“The State in exercise of its power under Articles 15 (nondiscrimination against any citizen on grounds of religion, race, caste, sex, place of birth) and 16(equality of opportunity in public employment) of the Constitution is free to identify the different degrees of social backwardness and provide special provisions (such as reservation) to achieve the specific degree of harm identified,” held the CJI in his 140page judgment.

“Historical and empirical evidence demonstrates that the SCs are a socially heterogeneous class. Thus, the state in exercise of the power under Articles 15(4) and 16(4) can further classify the SCs if (a) there is a rational principle for differentiation; and (b) the rational principle has a nexus with the purpose of sub-classification,” the CJI held.