A seven-judge Constitution bench of the Supreme Court has approved the creation of sub-categories within the Scheduled Castes (SC) and Scheduled Tribes (ST) to allocate reservations in employment and education for the most marginalized segments within these backward communities. To facilitate reservations, state governments can create sub-categories within the Scheduled Castes (SC) and Scheduled Tribes (ST). The Constitution Bench overturned the 2004 five-judge decision in the E.V. Chinnaiah case, which stated that sub-categories within SC/STs could not be created.


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The Supreme Court has upheld the sub-classification within SC/STs. Chief Justice D.Y. Chandrachud delivered the 6-1 majority decision. Justice Bela Trivedi dissented from the majority opinion. The Chief Justice stated, "We have overruled the decision in the E.V. Chinnaiah case. Sub-classification does not violate Article 14 as sub-groups are not excluded from the list."


While delivering the judgment, the Chief Justice remarked, "The criteria used to identify Scheduled Castes indicate the diversity within these classes." He added that there is nothing in Articles 15 and 16 that prevents the state from sub-classifying a caste. However, the Supreme Court emphasized that the basis for sub-classification should be justified by quantitative and performance-based data provided by the states and cannot be done arbitrarily.


No 100% Reservation for Any Sub-Category


Justice B.R. Gavai noted that it is undeniable that certain categories within SC/STs have faced centuries of discrimination. He explained that the rationale for sub-classification is that certain groups within the larger category face more discrimination. Justice Gavai clarified in the judgment that while sub-classification is permitted, the state cannot allocate 100% reservation to any one sub-category.


Implications of SC Decision


The Supreme Court's decision allows state governments to create sub-categories within Scheduled Castes and Scheduled Tribes. This means that different sub-groups within these categories can be identified and provided with varying levels of reservation. For instance, if a state has 150 castes under the SC category, the state government can create different sub-categories and allocate reservations accordingly. It will be also interesting to see if this leads to creation of creamy layer within the SC/STs just like the OBCs.