Quota within quota: SC approves sub-classification for SCs and STs, overrules 2004 verdict

In a significant ruling on Thursday, the Supreme Court of India delivered a 6:1 verdict permitting the sub-classification of Scheduled Castes (SCs) and Scheduled Tribes (STs) to facilitate separate quotas for the more marginalised members within these backward communities. 

The Constitution bench, chaired by Chief Justice of India DY Chandrachud, overturned a 2004 decision which had deemed that state governments lacked the authority to create sub-categories of SCs for the purpose of reservation. Justice Bela Trivedi expressed her dissenting opinion on the matter.

CJI affirmed that implementing a quota within a quota for Scheduled Castes (SC) and Scheduled Tribes (ST) does not compromise quality, emphasising that members of these communities often face systemic discrimination that hinders their upward mobility. 

"The sub-classification does not violate the principle of equality enshrined in Article 14 of the Constitution," the Supreme Court stated. However, the court clarified that any subclassification scheme must be backed by quantifiable and demonstrable data provided by the states. Chief Justice Chandrachud stressed that states must act based on objective criteria rather than political considerations, asserting that their decisions are subject to judicial review.

Justice B.R. Gavai, supporting the majority judgment, highlighted the state's responsibility to provide preferential treatment to the more disadvantaged groups within the SC and ST categories. "Only a few individuals within the SC/ST groups benefit from reservations. The harsh realities of oppression faced by certain categories within these groups cannot be ignored," Justice Gavai remarked.

Justice Vikram Nath echoed this sentiment, asserting that the creamy layer principle should apply to SCs in the same manner it applies to Other Backward Classes (OBCs). He underscored that identifying these layers is crucial for achieving genuine equality.

In a dissenting opinion, Justice Bela Trivedi argued that the subclassification of SCs and STs by state governments contravenes Article 341 of the Constitution, which grants the President the authority to compile the list of SCs and STs. Justice Trivedi emphasized that Article 341 was designed to prevent political manipulation of the SC/ST list. 

"Changes to the Presidential list can only occur through legislation enacted by Parliament. Subclassification represents an unwarranted alteration to this list," she asserted. Moreover, she warned that preferential treatment for any sub-class within the Presidential list could unjustly deprive benefits from other communities within the same category.