The Supreme Court has made an important decision allowing for the sub-classification of Scheduled Castes (SCs) and Scheduled Tribes (STs) in India. This means that within these groups, which are recognized as disadvantaged communities, there can be further categories to ensure that the benefits and opportunities meant to uplift them are distributed more fairly. The decision aims to address inequalities within these groups, ensuring that the most marginalized among them receive the support they need to improve their lives. This move is seen as a step towards greater social justice and equality.
Tags: GS – 2, Polity & Governance- Judiciary- SC Judgements & Cases- Judicial Review- Issues Related to SCs & STs
Context:
- The Supreme Court of India has delivered a landmark verdict allowing states the authority to sub-classify Scheduled Castes (SCs) and Scheduled Tribes (STs) for the purpose of reservations.
- This 6-1 majority decision overturns the 2004 ruling in E.V. Chinnaiah vs. State of Andhra Pradesh, significantly altering reservation policies in India.
What is the Supreme Court’s Verdict on Sub-Classification of SCs and STs?
- Sub-Classifications Permitted:
- Decision: States are constitutionally allowed to sub-classify SCs and STs based on varying levels of backwardness.
- Implementation: States can sub-classify SCs within the 15% reservation quota to better support the most disadvantaged groups.
- Chief Justice’s Emphasis:
- Sub-Classification vs. Sub-Categorisation: The Chief Justice of India emphasised the difference between “sub-classification” and “sub-categorisation,” warning against using these classifications for political purposes rather than genuine upliftment.
- Empirical Basis: Sub-classification must be based on empirical data and historical evidence of systemic discrimination, avoiding arbitrary or political motivations.
- Constraints and Guidelines:
- Reservation Limits: The Court clarified that 100% reservation for any sub- class is impermissible. Decisions on sub-classification are subject to judicial review to prevent misuse.
- Creamy Layer Principle: The ‘creamy layer’ principle, previously applied to Other Backward Classes (OBCs), is now extended to SCs and STs. States must exclude the creamy layer within SCs and STs from reservation benefits.
- Generational Limitation: Reservation benefits are limited to the first generation. If a family member has benefited from reservations and achieved higher status, subsequent generations will not be eligible.
Rationale for the Verdict:
- Systemic Discrimination:
- The Court recognized that systemic discrimination hampers the advancement of some SCs and STs.
- Sub-classification under Article 14 of the Constitution helps address these disparities, allowing states to tailor reservation policies to support the most disadvantaged within these groups.
What is the Reference of the Sub-Classification Issue?
- Background:
- State of Punjab v. Davinder Singh (2020): A five-judge bench referred the sub-classification issue to a seven-judge bench to reconsider the E.V. Chinnaiah judgement.
- Reasons for Referral:
- Reconsideration of EV Chinnaiah Judgment: The five-judge bench deemed it necessary to revisit the 2004 ruling which had disallowed sub-classification within SCs.
- Punjab Scheduled Caste and Backward Classes (Reservation in Services) Act, 2006: The Act’s Section 4(5) mandated that 50% of SC-reserved vacancies be offered to Valmikis and Mazhabi Sikhs, contingent on their availability.
- High Court Ruling:
- Division Bench’s Decision: In 2010, the Punjab and Haryana High Court struck down Section 4(5), relying on the E.V. Chinnaiah judgement. The High Court ruled that all castes under Article 341(1) form a homogeneous group and cannot be further subdivided.
- Article 341 Context:
- Presidential Order: Article 341 empowers the President to identify and notify SCs in consultation with the Governor. The E.V. Chinnaiah judgement established this as the basis for reservations.
What are the Arguments For Sub-Classification?
- Enhanced Flexibility:
- Description: Sub-classification enables both central and state governments to create more tailored policies that address the specific needs of the most disadvantaged within SC/ST communities.
- Advantage: Allows for targeted support and resource allocation.
- Alignment with Social Justice:
- Description: By providing targeted benefits to those who need them most, sub-classification supports the constitutional goal of social justice.
- Advantage: Ensures that benefits are more equitably distributed.
- Constitutional Provisions:
- Article 16(4): Permits reservations for backward classes inadequately represented in state services.
- Article 15(4): Empowers states to make special arrangements for the welfare of socially and educationally backward classes.
- Article 342A: Supports states in maintaining their lists of socially and economically backward classes.
- Advantage: Provides constitutional backing for flexible reservation policies.
What are the Arguments Against Sub-Classification?
- Homogeneity of SCs and STs:
- Description: Critics argue that sub-classification undermines the uniform status of SCs and STs as recognized in the Presidential list.
- Concern: May disrupt the perceived equality and unity of these groups.
- Potential for Inequality:
- Description: Sub-classification could lead to further division and potentially exacerbate existing inequalities within the SC community.
- Concern: Might create new forms of disparity and competition among sub-groups.
What is the significance of the Supreme Court Verdict?
- Overruling Previous Judgement:
- Description: The Supreme Court’s decision reverses the E.V. Chinnaiah ruling, which previously held that SCs and STs were a homogeneous group and could not be subdivided for reservation purposes.
- Constitutional Impact: The ruling asserts that sub-classification does not violate Articles 14 or 341 of the Constitution.
- Impact on State Laws:
- Description: The verdict upholds state laws previously struck down, such as those in Punjab and Tamil Nadu, allowing for the creation of sub-categories within SC and ST groups.
- Example: Punjab’s 1975 notification for Valmikis and Mazhabi Sikhs, initially upheld, was challenged following the E.V. Chinnaiah judgement.
- Future of Reservations:
- Description: States now have the authority to implement sub-classification policies, potentially leading to more nuanced and effective reservation strategies.
- Precedent: Sets a new precedent for administering reservations, influencing similar cases and policies nationwide.
What are the challenges for Sub-Classification?
- Data Collection and Evidence:
- Description: Accurate and comprehensive data on the socio-economic conditions of different sub-groups within SCs and STs is crucial.
- Challenge: Ensuring data accuracy and avoiding biases in sub-classification decisions.
- Balancing Interests:
- Description: Sub-classification aims to uplift the most disadvantaged but requires balancing competing interests.
- Challenge: Managing variations across states while ensuring that sub-categories do not undermine overall reservation goals.
- Political Resistance:
- Description: Sub-classification policies may face opposition from political groups, causing delays and conflicts.
- Challenge: Navigating the political landscape to implement effective policies.
- Social Tensions:
- Description: Sub-classification might exacerbate existing social tensions within SC/ST communities, leading to intra-community conflicts.
- Challenge: Addressing potential divisions and promoting unity within communities.
- Administrative Burden:
- Description: Creating, managing, and updating sub-categories adds an administrative burden on government agencies.
- Challenge: Requires additional resources and manpower to handle the complexities of sub-classification.
Way Forward:
- Consider Historical Discrimination and Socio-Economic Factors:
- Description: States should take into account the historical discrimination, economic disparities, and social factors affecting different sub-groups within SCs and STs.
- Action: Ensure that sub-classification addresses genuine needs and is not influenced by political motivations.
- Leverage Upcoming Census Data:
- Description: Utilise the upcoming Census to collect comprehensive data on SCs and STs, including specific information on various sub-groups.
- Action: Gather detailed socio-economic data to inform sub-classification decisions.
- Establish Independent Data Verification:
- Description: Implement independent processes for verifying data to maintain credibility and transparency.
- Action: Ensure that data collection and analysis are free from bias and external influences.
- Define Clear and Objective Criteria:
- Description: Develop well-defined criteria for sub-classification, focusing on socio-economic indicators rather than caste or tribal affiliations alone.
- Action: Avoid subjective or politically motivated decisions by using objective measures.
- Monitor Impact and Adjust Policies:
- Description: Continuously monitor the impact of sub-classification policies and adjust them based on outcomes.
- Action: Ensure that benefits are effectively reaching the intended beneficiaries and make necessary adjustments to improve efficacy.
- Recognize Sub-Classification as a Temporary Measure:
- Description: View sub-classification as a temporary solution to address historical disadvantages while focusing on overall socio-economic development.
- Action: Prioritise broader socio-economic empowerment of SCs and STs, gradually reducing reliance on reservations as conditions improve.
UPSC Civil Services Examination, Previous Year Question:
Prelims
Q:1 Consider the following organisations/bodies in India: (2023)
- The National Commission for Backward Classes
- The National Human Rights Commission
- The National Law Commission
- The National Consumer Disputes Redressal Commission
How many of the above constitutional bodies?
- Only one
- Only two
- Only three
- All four
Ans: (a)
Mains:
Q:1 What are the two major legal initiatives by the State since Independence addressing discrimination against Scheduled Tribes (STs). (2017)
Source: IE
FAQs
Q: What does sub-classification of SCs and STs mean?
Answer: Sub-classification means dividing the Scheduled Castes (SCs) and Scheduled Tribes (STs) into smaller groups within the larger category. This is done to ensure that benefits and reservations reach those who are most disadvantaged within these communities.
Q: Why has the Supreme Court allowed sub-classification of SCs and STs?
Answer: The Supreme Court has allowed sub-classification to ensure a more equitable distribution of resources and opportunities. It recognizes that some groups within the SC and ST categories are more marginalized and need more support than others.
Q: How will sub-classification benefit SCs and STs?
Answer: Sub-classification will help ensure that the most disadvantaged groups within the SCs and STs receive a fair share of the benefits, such as educational reservations, job quotas, and other government schemes. This targeted approach aims to uplift those who are most in need.
Q: Will sub-classification create divisions within the SC and ST communities?
Answer: While some people worry that sub-classification might create divisions, the goal is to address existing inequalities within these communities. By acknowledging and addressing these disparities, the policy aims to promote fairness and upliftment for all.
Q: What is the next step after the Supreme Court’s decision on sub-classification?
Answer: After the Supreme Court’s decision, it is now up to the government to implement the sub-classification policies. This includes identifying the sub-groups that need more support and ensuring that the benefits and reservations are distributed accordingly to achieve more equitable development.
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