Sub-classification of Scheduled Castes and Scheduled Tribes

Reference

• A seven-judge Constitution Bench headed by Chief Justice of India D.Y. Chandrachud delivered a landmark verdict in Davinder Singh vs State of Punjab case that Scheduled Castes (SC) and Scheduled Tribes (ST) can be sub-classified for reservation.
• The apex court reviewed its judgment in the E.V. Chinnaiya case, in which the Supreme Court had held that state legislatures cannot sub-classify Scheduled Castes for providing reservation in admissions and public jobs.

Key points of the present judgment

• The Scheduled Castes are not a homogenous group. Members of SC/STs are often unable to advance due to systemic discrimination. Hence, Article 14 allows sub-classification of castes.
• Governments can sub-classify SCs to give more weightage in the 15% reservation to those who face more discrimination among them.
• The Supreme Court has upheld the validity of laws allowing sub-classification in states like Punjab and Tamil Nadu.
• The state can develop policies to identify the creamy layer in the SC and ST category and exclude them from the ambit of affirmative action (reservation).
• Reservation should be only for the first generation in a category.
• Sub-classification of SCs does not violate the special power of the President to identify Scheduled Castes under Article 341.
• The power of states to sub-classify is subject to judicial review.

Meaning of SC and ST Sub-classification

• Sub-classification means dividing the Scheduled Castes and Scheduled Tribes into sub-groups on the basis of their relative backwardness.
  • Also providing differential reservation within the overall reservation of 15% for Scheduled Castes and 7.5% for Scheduled Tribes in line with the sub-classification.
• This type of sub-classification is also known as “quota within quota” or “reservation within reservation”.
• The idea is to ensure that the benefit of reservation reaches the most deprived and excluded group of Scheduled Castes and Scheduled Tribes, often called “Dalits among Dalits” or “Adivasis among Adivasis”.

Need for Sub-classification

• The SCs and STs are not homogenous but comprise various castes and tribes with varying degrees of social, educational and economic backwardness.
• Some groups (sub-castes) within SCs and STs have been able to gain greater access to the benefits of reservation than others, leading to the creation of a ‘creamy layer’ or ‘elite class’ within these groups.
• This has resulted in further marginalisation of the most vulnerable and disadvantaged sections among the SCs and STs, leading to persistent discrimination, violence and poverty.
• The purpose of sub-classification is to address this inter-group inequality and ensure that the reservation policy is more equitable and inclusive.

Legal basis of sub-classification

• The Constitution of India does not prohibit sub-classification of SCs and STs but leaves it to the discretion of Parliament and State Legislatures to legislate for the welfare of these groups.
  • Under Articles 341-342, the Constitution empowers the President and Parliament to include or exclude any group from the list of SCs or STs in a State/Union Territory.
  • Article 16(4) of the Constitution empowers the State to provide for reservation in appointments in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
• The Supreme Court also recognised the power of the states to sub-classify Scheduled Castes and Scheduled Tribes based on relevant data and empirical evidence of their backwardness.
• The apex court has overruled its own judgment in the E.V. Chinnaiya case, which had struck down the sub-classification of Scheduled Castes by the Andhra Pradesh government in 2000.
  • The court held that the Chinnaiya case was wrongly decided and did not take into account ground realities and the constitutional mandate of social justice.

Implications of Sub-Categorisation

• Sub-categorisation will have a significant impact on the representation and empowerment of SCs and STs in the public services and educational institutions of the country.
• This can help ensure that the most deserving and needy sections of SCs and STs get proper representation for reservation and do not remain at the bottom of the social ladder.
• This will also promote diversity and inclusiveness of SCs and STs and prevent domination and monopolisation of reservation benefits by certain castes and tribes.
• This will encourage SCs and STs to compete among themselves and improve their performance and merit.

Challenges in Sub-Categorisation

• Lack of accurate data: Sub-categorisation will require collection and analysis of reliable and up-to-date data on the socio-economic status and educational attainment of various sub-groups of SCs and STs.
• Politics of reservation: This decision is likely to politicise reservation among backward castes.
  • It may also face legal and political challenges arising from opponents of sub-categorisation on the argument of violating the principle of equality and unity of SCs and STs.
• Need for consent of various stakeholders: It will also require consultation and consensus of SCs and STs who may have different views and interests on the issue of sub-categorisation.
  • It will have to strike a balance between the interests of existing beneficiaries of reservation and new beneficiaries of sub-categorisation and ensure that the overall reservation does not exceed the 50% limit set by the Supreme Court.
• Challenge of community division: This may increase social divisions among backward communities in the society. 
  • This may also create complications in obtaining accurate identification and documentation for sub-classification.

Conclusion

• Sub-classification is a progressive and pragmatic step towards realising the constitutional vision of social justice and empowerment of SCs and STs.
• It can be seen as a democratic and participatory process involving active participation and representation of SCs and STs in the formulation and implementation of reservation policy.
• As a dynamic and evolving concept, continuous review and amendment of policies based on the changing needs and circumstances of SCs and STs provide a strong future path.