States empowered to make sub-classification in SCs, STs for quotas inside reserved category: SC

NEW DELHI: In a majority verdict, the Supreme Court on Thursday said 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.

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 judgments.

The majority verdict said the basis of sub-classification has to be justified by "quantifiable and demonstrable data by the states, which cannot act on its whims".

The bench, also comprising Justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra Mishra, was hearing 23 petitions, including the lead one filed by the Punjab government challenging the 2010 verdict of the Punjab and Haryana High Court.

The CJI wrote for himself and Justice Misra. Four judges wrote concurring judgments while Justice Trivedi dissented.

The top court had reserved the verdict on February 8 on pleas seeking review of the E V Chinnaiah judgement, which in 2004 had ruled that all SC communities which suffered ostracisation, discrimination and humiliation for centuries represented a homogeneous class incapable of being sub-categorised.

The verdict came on references to revisit the five-judge constitution bench judgement of 2004 in the case of EV Chinnaiah vs. State of Andhra Pradesh in which it was held that SCs and STs are homogenous groups and hence, states cannot further sub-classify them to grant quota inside quota for more deprived and weaker castes in these groups.