Supreme Court: In a civil appeal, the seven Judge Constitution Bench comprising of Dr. DY Chandrachud, CJI, B.R. Gavai, Vikram Nath, Bela M. Trivedi, Pankaj Mithal, Manoj Misra, and Satish Chandra Sharma, JJ., by a majority of 6:1 held that sub-classification of Scheduled Castes among reserved categories is permissible for granting separate quotas for more backwards within the SC categories. However, Justice Bela M. Trivedi dissented holding that such sub-classification is not permissible.
The majority overruled a five-judge Bench decision in E.V. Chinnaiah v. State of A.P., (2005) 1 SCC 394, whereby it was held that sub-classification of SC/STs is not permissible.
Hence, the power of States for sub-classification of SC/STs was upheld.
In 1975, the Punjab Government issued a notification dividing its existing 25% reservation for SCs into two categories. Half of these seats were reserved for the SC category were to be offered to Balmikis and Mazhabi Sikhs. The other half of the reserved seats was for the remaining groups within the SC category. This notification continued to remain in effect for 31 years, until the Supreme Court’s five-judge bench decision in E.V. Chinnaiah (supra) set aside a similar law in Andhra Pradesh.
The 5-Judge Bench in EV Chinnaiah (supra) had held that the Scheduled Castes form homogenous classes and there cannot be any sub-division, and that such sub-classification of SC/STs is contrary to Article 341 of the Constitution.
For a detailed report of the background, refer to: Supreme Court’s 7-Judge Bench to begin hearing on Validity of Sub-classification among Reserved Categories from January 17th
Source: Press
[State of Punjab v. Davinder Singh, Civil Appeal No. 2317/2011]
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