Quota can be kept within reserved quota of SC/ST, historic judgment of Supreme Court

The Supreme Court on Thursday gave its verdict on the validity of sub-classification (quota within a quota) in the SC-ST category. The court allowed states to sub-categorize into Scheduled Castes and Scheduled Tribes. A seven-judge constitution bench of the Supreme Court has given this verdict. A seven-judge constitution bench headed by Chief Justice DY Chandrachud of the Supreme Court ruled that sub-classification can be done for Scheduled Castes and Scheduled Tribes categories.

Besides CJI DY Chandrachud, the seven-judge constitution bench comprises Justices BR Gavai, Vikram Nath, Justice Bela M Trivedi, Justice Pankaj Mithal, Justice Manoj Mishra and Justice Satish Chandra Sharma. The CJI said the 6 opinions were unanimous, while Justice Bela M Trivedi dissented.

Supreme Court Chief Justice DY Chandrachud cited historical evidence in his decision. He said that Scheduled Caste is not a homogenous category. The sub-classification does not violate the principle of equality enshrined under Article 14 of the Constitution. Also, the sub-classification is not violative of Article 341(2) of the Constitution. There is nothing in Articles 15 and 16 which prevents the State from sub-classifying into any caste.

What did the Supreme Court say?

The Supreme Court said that scheduled castes are not a homogeneous group and the government can sub-categorize them to give more importance to the downtrodden in the 15% reservation. More discrimination is seen in Scheduled Castes. The SC had set aside the 2004 Supreme Court judgment in the Chinnaiya case, which ruled against sub-classification of scheduled castes.

The Supreme Court said that sub-classification of castes among SCs should be done on the basis of their degree of discrimination. Their representation in admissions to government jobs and educational institutions by states can be done through collection of data. It cannot be based on the will of governments.

• A Scheduled Caste is not a homogeneous group. The government may sub-categorize the afflicted to give more importance to the 15% reservation.
• Further discrimination among scheduled castes
• Sub-classification of castes in SC should be done on the basis of their degree of differentiation
• Their representation in admissions to government jobs and educational institutions by states can be done through the collection of empirical data. It cannot depend on the will of governments.

Understand the whole matter

The Punjab government had made a provision to give 50 percent of the seats reserved for scheduled castes to 'Valmiki' and 'Mazhabi Sikhs'. Based on a 2004 Supreme Court decision, the Punjab and Haryana High Court banned it.

The Punjab government and others appealed to the Supreme Court against this decision. In 2020, a five-judge constitution bench of the Supreme Court said this was necessary to benefit the underprivileged. The case was referred to a 7-judge bench after separate decisions by two benches. The judgment has come today.