Background of Punjab’s SC Reservation Policy

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.