Categorisation of Scheduled Caste (SC)

The categorisation of Scheduled Caste (SC) communities into three groups in Telangana will come into effect on  Dr. B.R. Ambedkar’s birth anniversary is on 14 April,2025.

Basis of Categorisation

• Backwardness-Based Division: Sub-categorisation was based on levels of backwardness among SC groups.
• Recommendations by Commission:
  • The decision was guided by the Justice Shameem Akhter Commission (a one-man commission).
  • The Commission conducted a detailed study and received over 8,600 representations from various stakeholders.
• Formation of Groups

About Subclassification

• Subclassifications refer to dividing a broader reserved category, like Scheduled Castes (SCs), into smaller groups based on their varying levels of social and economic backwardness to ensure fair distribution of benefits.
• Need for Subclassification: Subclassification is necessary because benefits of reservation often disproportionately reach relatively advanced sub-castes, leaving the most marginalized among SCs still deprived.
• For example among Other Backward Classes (OBCs), individuals earning above a certain income threshold are termed as “Creamy Layer” and are excluded from reservation, ensuring that benefits reach the truly disadvantaged “Non-Creamy Layer.”

Supreme Court Decision on Sub-Classification of Scheduled Castes

• E.V. Chinnaiah Case (2005): Held that SCs under Article 341 formed a homogenous group and could not be sub-categorised.
• Davinder Singh Case (2014): Referred the issue for reconsideration to a 5-judge Constitution Bench.
• Supreme Court 2020 Ruling: A 5-judge Bench found that the E.V. Chinnaiah judgment requires reconsideration.
• 7-Judge Constitution Bench (2024-25):
  • Affirmed that sub-classification of SCs is permissible to achieve substantive equality.
  • State’s Power: States can sub-classify SCs based on inadequate representation due to social and educational backwardness.
  • Judicial Review: Any categorisation must be data-driven and is subject to judicial scrutiny.
  • Creamy Layer: Four judges suggested applying a “creamy layer” principle to SCs, though no binding direction was issued.

Constitutional Provisions Related to SCs and Reservations

• Article 14: Guarantees equality before the law.
• Article 15(4): Permits special provisions for the advancement of socially and educationally backward classes, including SCs.
• Article 16(1): Ensures equal opportunity in public employment.
• Article 16(4): Allows reservation in public employment for backward classes.
• Article 341(1): Authorises the President to notify Scheduled Castes.
• Article 341(2): Grants Parliament the power to modify the SC list.
• Article 246: Deals with the subject matter of laws made by Parliament and State Legislatures, relevant post-identification of SCs.

Way Forward

• A commission similar to the G. Rohini Commission (for OBC sub-categorisation) could be established.
• The goal must be to address internal disparities among SC groups while preserving community unity and collective strength.
• Policymakers must engage with SC community representatives, legal experts, and social scientists for better understanding of the categorisation.