In a landmark decision, the Supreme Court of India, led by Chief Justice D.Y. Chandrachud, has ruled that state governments can sub-classify Scheduled Castes (SCs) for the purpose of granting reservations in admissions and public employment. This ruling overturns the 2004 E.V. Chinnaiah verdict, which prohibited such sub-classification.
The majority judgement by a seven-judge bench held that Scheduled Castes are not a homogeneous group and that states can identify varying degrees of backwardness within these communities to better target the benefits of reservation. This, the court emphasized, would not infringe upon the President’s authority under Article 341 to identify SCs, ensuring that any state action in this regard is still subject to judicial review.
The courtโs decision came as it approved the Tamil Nadu Assemblyโs competence to enact the Arunthathiyar Reservation Act, among other related cases. Justice B.R. Gavai, in a concurring opinion, stressed that extending quota benefits to affluent members of backward classes undermines the purpose of reservation. He advocated for the state to evolve policies to identify and exclude the ‘creamy layer’ from SC/ST communities to ensure that reservations reach the most deserving.
However, Justice Bela M. Trivedi presented a dissenting view, arguing that states should not alter the Presidential List of Scheduled Castes and that any preferential treatment within the SC community must be executed via Presidential notification, to avoid manipulation for political gains.
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Justice Pankaj Mithal suggested a reformative approach to reservation based on economic conditions and living standards rather than caste, proposing that benefits be restricted to one generation per family to prevent perpetual advantage.
Supporting the majority, Justice Satish Chandra Sharma endorsed the application of the creamy layer principle to SC/ST communities, echoing Justice Gavaiโs sentiments for achieving substantive equality.
