SC Permits Sub-Classification Within SC/ST Reservations in Landmark Verdict

The Supreme Court, in a landmark decision on Thursday, ruled by a 6:1 majority that sub-classification within the Scheduled Castes (SCs) and Scheduled Tribes (STs) reservation is permissible for more marginalised groups within these categories.

This ruling by a seven-judge bench, led by Chief Justice of India DY Chandrachud, overturned a previous judgement by a five-judge bench in the EV Chinnaiah case, which had held that SCs and STs should be treated as homogeneous classes without further sub-classification.

The bench comprised Justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra, and Satish Chandra Sharma, along with CJI Chandrachud. Justice Bela M Trivedi dissented, disagreeing with the majority opinion.

The case addressed the issue of whether reserved communities like SCs and STs could be further sub-classified. In his ruling, CJI Chandrachud emphasized that the struggles faced by these communities do not vanish with representation, even at the lowest levels, justifying the need for sub-classification. Justice BR Gavai supported this view, noting that certain groups within SCs and STs have experienced more severe oppression over centuries and suggesting that the state should create policies to identify a "creamy layer" within these categories.

However, Justice Trivedi, in her dissenting opinion, argued that states lack the legislative and executive authority to sub-classify castes and the benefits reserved for the entire SC community. She warned that allowing such sub-classification would effectively tamper with the Presidential notification under Article 341(2).