Supreme Court Overrules 2004 Verdict, Allows Sub-Classification in SC, ST Quota

The Supreme Court on Thursday overruled a 2004 decision by a five-judge bench in EV Chinnaiah vs State of Andhra Pradesh, which stated that sub-classification was impermissible on the grounds that Scheduled Caste and Scheduled Tribes constitute homogenous classes.

The apex court ruled that states are empowered to make sub-classifications of Scheduled Castes and Scheduled Tribes for granting quotas inside the reserved category to uplift more underprivileged castes, reported LiveLaw.

A seven-judge bench of the Supreme Court headed by Chief Justice DY Chandrachud held by a 6:1 majority that the further sub-classification of SCs and STs by states can be permitted to ensure the grant of quota to more backward castes inside these groups.

"Scheduled Castes are not a homogenous group and governments can sub-classify them to give more weightage in 15 per cent reservation to those who suffered more discrimination among SCs," the court said.

The court further clarified that while allowing sub-classification, the State cannot earmark 100 per cent reservation for a sub-class. Also, the State has to justify the sub-classification on the basis of empirical data regarding the inadequacy of representation of the sub-classes.

According to the judgment, Article 14 of the Constitution permits the sub-classification of a class that is not similarly situated for the purpose of the law.

The SC bench comprising CJI DY Chandrachud, Justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Mishra, and Satish Chandra Sharma has reserved the judgment on February 8 this year after hearing the matter for three days.

CJI Chandrachud said that there are six judgements all concurring in the case. The majority has overruled the EV Chinniah judgement of 2004 which held that sub-classification is not permissible. Justice Bela Trivedi dissented.