Supreme Court’s decision – States can sub-classify Scheduled Castes for reservation in government job.
The state has the right to sub-classify Scheduled Castes and Scheduled Tribes to provide reservation in government jobs. A seven-judge Constitution Bench of the Supreme Court gave this decision by majority on Thursday. The Constitution Bench overturned the decision of five judges given in the EV Chinnaiya case in 2004, which said that sub-classification cannot be done in SC / ST.
The Supreme Court upheld the sub-classification within SC / ST. Chief Justice DY Chandrachud delivered the decision by a majority of 6-1. Justice Bela Trivedi passed the order, disagreeing with the rest of the judges. The CJI said that ‘We have rejected the decision given in the EV Chinnaiya case. Sub-classification does not violate Article 14, because sub-classes have not been excluded from the list.’
While reading out the verdict, the CJI said, “The criteria used to identify Scheduled Castes from the classes itself shows that there is diversity within the classes.” He said that there is nothing in Articles 15, 16 that prevents the state from sub-classifying a caste. However, the apex court has said in the verdict that the basis of sub-classification should be justified by quantitative and demonstrable data by the states, it cannot act at its own will.
Justice Bela M Trivedi, dissenting, said in her verdict that in the absence of executive or legislative power, the states have no competence to sub-classify castes and sub-classify the benefits reserved for all people of Scheduled Castes. Sub-classification by the states would be tantamount to tampering with the President’s notification under Article 341 (2).
Justice BR Gavai of the court, in a separate verdict, said that the states should identify the creamy layer in SC, ST and exclude them from the purview of reservation. At the same time, the apex court said that the basis of sub-classification in SC, ST for quota should be justified by the states on the basis of standards and data.
The Supreme Court ruled by a majority of 6-1 that the states have the power to sub-classify SC, ST for reservation.