Supreme Court permits sub-quota in the reservation of SC/ST Category

In a significant judgement, the seven-judge bench of the Supreme Court led by Chief Justice of India  D Y Chandrachud in the Davinder Singh Vs the State of Punjab case ruled by a 6:1 majority that the State Government can create sub-classifications within the Scheduled Caste (SC) and Scheduled Tribes (ST) for reservation purposes. 

The seven-judge bench verdict delivered on 1st August 2024 overturned the earlier five-judge bench judgement in the E V Chinnaiah v State of Andhra Pradesh case of 2004. 

In E V Chinnaiah v State of Andhra Pradesh, the Supreme Court held that the SC/ST list is a homogenous group and that there can be no sub-quota within it.

The constitution provides 15 per cent reservation to the Scheduled Castes and 7.5 per cent to the Scheduled Tribes in government jobs and educational institutions.

Provision of Article 341 and Article 342 and Supreme Court Judgement 

Articles 341 and 342 of the constitution define who is a Scheduled Caste or Scheduled Tribes with respect to State and Union Territory.

Article 341 of the Indian constitution gives the President of India the power to specify race, caste, or tribe to be included in the list of Scheduled Castes in consultation with the State Governor.

Similarly, under Article 342, the President has the power to specify the tribes and tribal communities to be included in the Scheduled Tribes list in consultation with the State Governor.

Parliament has the power to include or exclude any caste or tribe from the Scheduled Caste and Scheduled Tribes list, respectively.

• In the E V Chinnaiah v State of Andhra Pradesh case, the Supreme Court held that the state government does not have the power to include or exclude caste from the Scheduled Castes and Scheduled Tribes. The President has the power to issue notifications only, and the power to include or exclude a caste or tribe is with the Parliament only.
• The Court also said that  Scheduled Castes and Scheduled Tribes are homogenous groups and cannot be divided into sub-quotas.

Background to the Present Case 

The Punjab Scheduled Caste and Backward Classes (Reservation in Services) Act, 2006, provided the first preference in reservations for the Balmiki and Mazhabi Sikh communities among the Scheduled Caste.  

The Balmiki and Mazhabi Sikh communities are the most backward communities in Punjab.

The act was challenged by Davinder Singh in the Punjab and Haryana High Court. 

The Punjab and Haryana Court struck down the  Punjab Scheduled Caste and Backward Classes (Reservation in Services) Act, 2006, in 2010 as unconstitutional. It cited the judgement of the 2004 Supreme Court in the E V Chinnaiah case.

The decision of the High Court was challenged in the Supreme Court and was referred to a five-member constitutional bench.

The five-member bench headed by Justice Arun Mishra held that the Scheduled Castes were not a homogeneous group and were unequal within the Scheduled Castes, Scheduled Tribes, and socially and educationally backward classes.

The five-member bench felt that the Supreme Court Judgement in the  E V Chinnaiah v State of Andhra Pradesh case needs to be reviewed. Since the  E V Chinnaiah v State of Andhra Pradesh judgement was given by a five-member bench, it can be reviewed only by a seven-member of the higher bench.

The Davinder Singh v State of Punjab case was referred to a seven-judge bench, which started hearing the case in February 2024.

Highlights of Judgement in the Davinder Singh v State of Punjab case

1. The Scheduled Caste or Scheduled Tribe is not a homogeneous group, and certain groups are more backwards within the communities.
2. Under Articles 15 and 16, the State governments have the power to create a subcategory of more backward communities within the SC/ST List.
3. The Court will have the power to examine the state decision of identifying a community as more backward within the SC.ST community. 
4. Five of the Judges opined that a creamy layer should be introduced in the SC/ST community, similar to the Other Backward Classes.