NEW DELHI: In a landmark judgment, the Supreme Court on Thursday held that sub-classification within the reserved categories of Scheduled Castes (SCs) and Scheduled Tribes (STs) is permissible to provide reservations for the more marginalized among these communities.
The decision was delivered by a 7-judge constitution bench, with a 6:1 majority ruling in favor of the sub-classification.
Chief Justice of India (CJI), Justice DY Chandrachud, pronounced the judgment, with six justices concurring and one dissenting. Justice Bela Trivedi dissented from the majority view.
This verdict overrules the earlier precedent set by the EV Chinnaiah judgment of 2004, which had held that sub-classification within the reserved categories was impermissible.
The seven-judge constitution bench, led by Chief Justice Chandrachud, also included Justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra, and Satish Chandra Sharma. The bench had reserved the judgment on February 8, 2024.
While pronouncing the verdict, CJI Chandrachud stated, “The holding of Chinnaiah that sub-classification of the Scheduled Classes is impermissible is overruled.”
The Chief Justice emphasized that “even at the lowest levels, the struggles faced by individuals within these classes do not disappear with their representation.”
In a concurring judgment, Justice BR Gavai highlighted the state’s duty to give preferential treatment to the more backward communities within the reserved classes.
He observed, “Only a few individuals within the SC/ST categories are enjoying the benefits of reservation. The ground realities cannot be denied.”
Justice Gavai further stressed the need for states to develop a policy to identify the creamy layer among SCs and STs, noting that the creamy layer principle, which applies to Other Backward Classes (OBCs), should also apply to SCs.
Justice Vikram Nath concurred, agreeing that the creamy layer concept is equally applicable to SCs and STs.
Agencies