SC states sub-classification within SCs,STs for reservation permissible

In a landmark majority verdict, the Supreme Court on Thursday said states are empowered to make sub-classifications of Scheduled Castes and Scheduled Tribes for granting quotas inside the reserved category to uplift the more underprivileged castes. A seven-judge constitution bench headed by Chief Justice D Y Chandrachud held by a 6:1 majority that the further sub-classification of SCs and STs by states can be permitted to ensure grant of quota to more backward castes inside these groups. The bench delivered six separate judgements with Justice Bela Trivedi dissenting. The verdict overrules the 2004 judgment of a five-judge Constitution bench in the case of EV Chinnaiah vs State of Andhra Pradesh. The other judges on the bench were Justice BR Gavai, Justice Vikram Nath, Justice Pankaj Mithal, Justice Manoj Misra and Justice Satish Chandra Mishra.
Holding that quota within quota was not against quality, the CJI Chandrachud said members of SC/ST were not often able to climb up the ladder due to the systemic discrimination faced. "Sub-classification does not violate the principle of equality enshrined under Article 14 of the Constitution," the top court said.However, the Supreme Court said the basis of subclassification in SCs and STs would have to be justified by quantifiable and demonstrable data by the states. "States cannot act on its whims or political expediency and its decision is amenable to judicial review," CJI Chandrachud said. Justice Gavai said states must bring out a policy to identify creamy layers among the SC and ST categories before granting subclassification. "This is the only way to gain true equality," he said. Echoing his view, Justice Vikram Nath said the creamy layer principle applied to the SCs just like it was applicable to the OBCs.
In her dissenting verdict, Justice Bela Trivedi said subclassification of SCs/STs by states was contrary to Article 341 of the Constitution. Article 341 confers the President the right to prepare the list of SC/STs. Justice Trivedi said Article 341 was enacted to prevent political factors playing a role in the SC/ST list."Any preferential treatment for a sub-class within the Presidential list will lead to deprivation of the benefits of the other classes within the same category," she said.
The Supreme Court was reviewing the constitutional validity of Section 4(5) of the Punjab Act, which depends on whether sub-classifications can be made within the Scheduled Castes or Tribes or if they should be treated as homogenous groups.The Union government submitted that it was in favour of the sub-classifications among SCs and STs.