A seven-judge constitution bench headed by CJ Chandrachud, by a majority of 6:1, set aside the apex court's five-judge bench verdict of 2014.
Published Aug 01, 2024 | 7:44 PM ⚊ Updated Aug 01, 2024 | 7:44 PM
Supreme Court (iStock)
In a landmark verdict, the Supreme Court on Thursday, 1 August, held that states are constitutionally empowered to make sub-classifications within the Scheduled Castes, which form a socially heterogeneous class, for granting reservation for the uplift of castes that are socially and economically more backward.
A seven-judge constitution bench headed by Chief Justice DY Chandrachud, by a majority of 6:1, set aside the apex court’s five-judge bench verdict of 2014 in the EV Chinnaiah vs State of Andhra Pradesh case which had held that no sub-classification of Scheduled Castes (SCs) can be allowed as they are a homogeneous class in themselves.
“The State in exercise of its power under Articles 15 (non-discrimination against any citizen on grounds of religion, race, caste, sex, place of birth) and 16 (equality of opportunity in public employment) of the Constitution is free to identify the different degrees of social backwardness and provide special provisions (such as reservation) to achieve the specific degree of harm identified,” held the CJI in his 140-page judgement.
“Historical and empirical evidence demonstrates that the SCs are a socially heterogeneous class. Thus, the state in exercise of the power under Articles 15(4) and 16(4) can further classify the SCs if (a) there is a rational principle for differentiation; and (b) the rational principle has a nexus with the purpose of sub-classification,” the CJI held.
Karnataka Chief Minister Siddaramaiah called the ruling ‘historic’, and said that a major obstacle in the implementation of internal reservation has been removed thanks to the verdict.
The Supreme Court’s ruling is a recognition of the DMK’s Dravidian model and its efforts to ensure social justice for oppressed sections of society, Tamil Nadu Chief Minister M K Stalin said on Thursday.
The CPI(M) said the Supreme Court has settled an issue of “longstanding contention” by holding that sub-classification of Scheduled Castes is permissible and asserted that the Union and states must ensure that backward sections of Scheduled Castes get reservation.
YSRCP leader A Suresh said the Supreme Court judgment should be used for the upliftment of the SC communities but not “opportunistic politics”.
The six judgements, running into 565 pages, were penned on the contentious issue by the CJI, who wrote for himself and Justice Manoj Misra, and Justices BR Gavai, Vikram Nath, Pankaj Mithal, Satish Chandra Mishra and Justice Bela M Trivedi.
Except for Justice Trivedi, the other five judges concurred with the findings of the CJI.
Justice Trivedi, in her 85-page dissenting judgement, said it is only Parliament that can include a caste in the SC list or exclude it, and states are not empowered to tinker with it. The SCs, she ruled, are a “homogeneous class” incapable of being sub-classified further.
“The states have no legislative competence to enact the law for providing reservation or giving preferential treatment to a particular caste/castes by dividing/sub-dividing/sub-classifying or regrouping the castes, races or tribes enumerated as the ‘SCs’ in the notification under Article 341,” Justice Trivedi wrote.
The CJI, in the majority verdict, held, “If the SCs are not similarly situated for the purposes of the law (or the specific harm identified), there is nothing in Articles 15, 16 and 341 (President’s power to classify SCs) which prevents the State from applying the principle of sub-classification to the class.
“Thus, the SCs can be further classified if: (a) there is a rational principle for differentiation; and (b) if the rational principle has a nexus with the purpose of sub-classification,” Justice Chandrachud said.
The CJI made it clear that any decision to sub-classify SCs to grant more quota benefits to a particular caste inside the category can be reviewed judicially.
He held that the states, for a valid exercise of power to sub-classify under Article 16(4), are required to collect “quantifiable data with respect to the inadequacy of representation of the sub-categories in the services”.
“The inadequacy of representation is an indicator of backwardness and thus, to use the cadre as a unit to determine representation alters the purpose of the indicator itself. The state while deciding if the class is adequately represented must calculate adequacy based on effective and not quantitative representation,” it said.
He said Article 14 (right to equality) of the Constitution permits sub-classification of a class which is not similarly situated for the purpose of the law.
The court, while testing the validity of sub-classification, must determine if the class is a homogeneous integrated class for fulfilling the objective of the purpose.
Referring to the Mandal judgement on quotas, the CJI said it did not limit the application of sub-classification only to the other backward classes (OBC).
The apex court judgement held Article 341(1) of the Constitution does not create a “deeming fiction” and the operation of the provision does not create an integrated homogeneous SCs class.
Article 341(1) grants the President the power to notify castes, races or tribes that shall be deemed to be SCs for a state or a Union Territory.
“Sub-classification within the SCs does not violate Article 341(2) because the castes are not per se included in or excluded from the (SCs) List. Sub-classification would violate the provision only when either preference or exclusive benefit is provided to certain castes or groups of the Scheduled Castes over all the seats reserved for the class,” it said.
Article 341(2) says Parliament can include or exclude any caste, race, or tribe from the list of SCs.
Overruling the Chinnaiah verdict, the CJI dealt with the scope of sub-classification of SCs and said the objective of any form of affirmative action, including the sub-classification, is to provide “substantive equality of opportunity for the backward classes”.
“The state can sub-classify, inter alia, based on inadequate representation of certain castes. However, the state must establish that the inadequacy of representation of a caste/group is because of its backwardness,” it said.
The state will have to collect data on the inadequacy of representation in government jobs because it is used as an indicator of backwardness, it said.
A dispute over sub-classification arose after certain states, including Punjab, made laws to sub-classify SCs to grant more quota benefits to certain castes.
The top court had reserved the verdict on February 8 on pleas seeking review of the Chinnaiah judgement, which had ruled all SCs which suffered ostracisation, discrimination and humiliation for centuries represented a homogeneous class incapable of being sub-categorised.
Posting on social media platform X, Siddaramaiah said that the Supreme Court’s decision to uphold the authority of state governments to identify and provide internal reservations for the most backward among the Scheduled Castes is a historic one. “I wholeheartedly welcome this judgment.”
He elaborated: “With the Supreme Court’s verdict, a major obstacle in the implementation of internal reservations has been removed. We will consult with Scheduled Caste leaders and legal experts regarding the contentious aspects of the verdict, including the issue of the creamy layer, and take appropriate action.”
He gave the assurance that the Congress party is committed to providing internal reservation within the Scheduled Castes category.
“Our government is committed to implementing the report of the committee chaired by Justice A J Sadashiva, which was created by the Congress party, as promised in our last assembly election manifesto,” he said.
“Meanwhile, before the last assembly election, the BJP government in the state hurriedly made a decision on internal reservations and sent it to the central government. Despite the Usha Mehra Committee, created by the central government, clearly stating that internal reservations within the Scheduled Castes could be implemented through a constitutional amendment, the central government has so far failed to take any decision and has pushed it aside,” he alleged.
In the light of the current Supreme Court decision, the state government will thoroughly study the recommendations of the Justice A J Sadashiva Committee, he said. If necessary, considering recent developments, a clear decision regarding internal reservations will be taken through consultation and negotiation, he added.
The Supreme Court’s decision to uphold the authority of state governments to identify and provide internal reservations for the most backward classes among the Scheduled Castes is a historic one. I wholeheartedly welcome this judgment.
With the Supreme Court’s verdict, a major…
— Siddaramaiah (@siddaramaiah) August 1, 2024
Hailing the apex court verdict, Stalin said it was heartening that the bench upheld the internal reservation granted to the Arunthathiyar community, as laid down in an Act passed by the Tamil Nadu Assembly.
“Today’s Supreme Court judgment is another recognition of our #DravidianModel journey to establish #SocialJustice for the social liberation of the oppressed people,” Stalin said in a post on social media platform X.
A formal committee was established and, based on the data collected through it, late Chief Minister and DMK stalwart M Karunanidhi had set apart three percent internal reservation for the Arunthathiyar community, he said.
“I introduced a bill (in this direction) in the state Assembly and it was passed,” the chief minister, who is also the president of the DMK, said in the post.
“It is heartening that the seven-judge bench of the Supreme Court has upheld the Act,” he further said, referring to today’s ruling.
ஒடுக்கப்பட்ட மக்களின் சமூக விடுதலைக்கான #SocialJustice-ஐ நிலைநாட்டும் நமது #DravidianModel பயணத்துக்கான மற்றுமோர் அங்கீகாரமாக இன்றைய உச்சநீதிமன்றத் தீர்ப்பு அமைந்திருக்கிறது!
முறையாகக் குழு அமைத்து, அதன்மூலம் திரட்டப்பட்ட தரவுகளை அடிப்படையாகக் கொண்டு அருந்ததியர் சமுதாயத்திற்கான… pic.twitter.com/GYtyrOX4dn
— M.K.Stalin (@mkstalin) August 1, 2024
In a post on X, CPI(M) general Secretary Sitaram Yechury said it settled a longstanding contention.
“Settling an issue of longstanding contention, a 7-judge Supreme Court bench held that sub-classification of the Scheduled Castes is permissible. The SC also permitted separate quotas for more backward SC categories,” Yechury said.
“Governments, both Union and states, as directed by the SC, must now take all measures to bring backward sections of the SCs into the fold of socially affirmative action,” he said.
Settling an issue of longstanding contention, a 7-judge Supreme Court bench held that sub-classification of the Scheduled Castes is permissible. The SC also permitted separate quotas for more backward SC categories.
Governments, both Union and states, as directed by the SC, must… pic.twitter.com/SFRwIAgf82— Sitaram Yechury (@SitaramYechury) August 1, 2024
The Polit Bureau of the CPI(M) also issued a statement calling upon governments to take appropriate steps.
“A 7-Judge bench of the Supreme Court (by 6-1) held that sub classification of Scheduled Castes is permissible. The Supreme Court also permitted separate quotas for more backwards within the SC categories. The Supreme Court directed that the State has to justify the sub-classification on the basis of empirical data regarding the inadequacy of representation of the sub-class,” it said.
“The governments, as per the direction of the Supreme Court, must now take all necessary measures to ensure that the backward sections of the SCs are provided with facilities for improving their conditions,” the party said.
“The Polit Bureau of the CPI(M) calls upon the governments to work out appropriate steps to ensure that the backward sections within the SCs are brought into the fold of affirmative action,” it said.
Suresh, who served as a minister in the YSRCP government, noted that the opposition party has always viewed and treated any two sub-categories within the marginalised communities like two eyes to ensure their equal attention and care.
“The YSRCP sincerely wishes that the judgment by the Supreme Court be used not for opportunistic politics but to strengthen the Scheduled Castes in a manner that ensures justice for all, adhering to the spirit of the verdict in thought, word, and deed,” Suresh said at a press conference at the party office in Tadepalli.
Welcoming the Supreme Court verdict, BJP leader and Andhra Pradesh Health Minister Satya Kumar Yadav termed the decision as historic.
Yadav noted that justice has been served to the downtrodden sections.
(With PTI inputs)
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