States can sub-classify the list of reserved classes - SC

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  States can sub-classify the list of reserved classes - SC

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News –  

• A five-judge Bench of the apex court held that States can sub-classify the list of Scheduled Castes (SCs), Scheduled Tribes (STs), and Socially and Educationally Backward Classes (SEBCs) to provide preferential treatment to the “weakest out of the weak”.

Details - 

• The decision overruled a previous 2005 decision in E V Chinnaiah v State of Andhra Pradesh and Others, also by a five-judge Bench. Since a Bench of equal strength cannot overrule a previous decision, the court also referred it to a 7-judge Bench.
• The judgment was on the constitutional validity of Section 4(5) of the Punjab Scheduled Caste and Backward Classes (Reservation in Services) Act, 2006 which allows 50% of the reserved Scheduled Castes seats in the State to be allotted to Balmikis and Mazhabi Sikhs.

Background -

• 1992 - Indra Sawhney v. Union of India -  It would be perfectly legal for the state to categorise backward classes as backward and more backward. Upheld the concept of ‘creamy layer’ within OBC to those who have overcome their backwardness but the concept of creamy layer in SCs and STs has been in debate since then.
• 2005 -  E V Chinnaiah v State of Andhra Pradesh and Others - Only the President has the power to notify the inclusion or exclusion of a caste as a Scheduled Caste, and states cannot tinker with the list.
• 2006 -  M. Nagaraj & Others vs Union Of India - The government had to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment.
• 2018 -  Jarnail Singh vs Lachhmi Narain Gupta - The government need not collect quantifiable data to demonstrate backwardness of public employees belonging to the SC/STs to provide reservations for them in promotions. Observed that certain caste groups or subgroups have “come out of untouchability or backwardness by virtue of belonging to the creamy layer”.
• 2020 - Reservation in the matter of promotions in public posts is not a fundamental right, and a state cannot be compelled to offer the quota if it chooses not to.

Way Forward - 

• In hierarchical structure, no two castes are equal. This judgement will help trickle down the benefits of reservation to the most needy and establishment of an equal society.

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