In 1975, Punjab government divided 25% SC reservation into two categories.
Background of Punjab’s SC Reservation Policy
- First category: Reserved for Balmiki and Mazhabi Sikh communities. These communities were given first preference in education and public employment.
- Second category: Consisted of the rest of the SC communities.
- This notification remained in force for nearly 30 years.
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Legal Challenges to Sub-Classification
- 2004: Supreme Court struck down similar law in Andhra Pradesh (E.V. Chinnaiah case).
- Court held sub-classification violates right to equality.
- SC list must be treated as a single, homogenous group.
- Article 341: President has power to create SC list, states can’t interfere.
- Punjab & Haryana High Court struck down 1975 Punjab notification.
Punjab’s Attempt to Reintroduce SubClassification
- October 2006: Punjab passed SC and Backward Classes (Reservation in Services) Act.
- Act reintroduced first preference for Balmiki and Mazhabi Sikh communities.
- 2010: High Court struck down this provision again.
- Punjab government appealed to Supreme Court 2014.
- 2014: Case referred to five-judge Constitution Bench (Davinder Singh v State of Punjab).
Reconsidering the E.V. Chinnaiah Ruling
- 2020: Constitution Bench held 2004 decision needs reconsideration.
- Court recognized “unequals within the list of Scheduled Castes“.
- Concept of “creamy layer” introduced in SC reservations (Jarnail Singh case, 2018).
- States argue sub-classification is application of creamy layer formula.
- Seven-judge Bench now gave the verdict.
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Impact of Sub-Classification Strategy
- Affects Balmikis and Mazhabi Sikhs in Punjab.
- Impacts Madiga community in Andhra Pradesh.
- Paswans in Bihar to be affected.
- Jatavs in UP under consideration.
- Arundhatiyars in Tamil Nadu also impacted.
Arguments in Favor of Sub-Classification
- Punjab AG: States can tamper with Presidential list under Article 341.
- Article 16(4) allows reservations for “adequately” represented classes.
- Article 342A empowers states to maintain separate backward classes list.
- Former AG KK Venugopal: Sub-classification necessary to help weakest sections.
- Without it, purpose of reservations would be defeated.
Arguments Against Sub-Classification
- Senior Advocate Sanjay Hegde: All SC communities suffered from untouchability.
- Constituent Assembly chose not to compare degrees of suffering.
- Sub-classification would treat communities within SC category differently.
- Violates the principle of treating SC list as a single, homogenous group.
- Challenges the constitutional mandate of Article 341.
Now what has happended
- In a 6:1 landmark verdict, Supreme Court allowed sub-categorisation of scheduled castes in reservations.
- Seven-judge Constitution bench headed by CJI DY Chandrachud ruled on permissibility of sub-classification.
- Ruling allows wider protection for underrepresented groups within SCs and STs
- Court held that “historical and empirical evidence indicates that Scheduled castes are not a homogenous class”.
- Bench examined if 2004 judgment in EV Chinnaiah vs State of Andhra Pradesh needs a relook.
- 2004 judgment held Scheduled Castes formed a homogenous group, disallowing sub-division.
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Conclusion
Ruling will have crucial consequences for states wanting to give wider protection to underrepresented castes. Decision allows differentiation between dominant scheduled castes and grossly underrepresented groups.
August 2, 2024
