India

Supreme Court Allows Sub-Classification Within Reserved Categories For Affirmative Action

In a landmark decision, the Supreme Court of India ruled that sub-classification within reserved category groups is permissible for the distribution of affirmative action benefits today. This decision overturns a previous 2004 judgement that had prohibited such preferential treatment within Scheduled Castes (SCs).

The 7-judge Constitution Bench, led by Chief Justice D.Y. Chandrachud, reversed the 2004 ruling made by a 5-judge Bench in the case of E.V. Chinnaiah vs State of Andhra Pradesh. The earlier judgement deem that SCs and Scheduled Tribes (STs) are homogenous groups that should not be further divided or classified. It asserted that any attempt to re-classify Scheduled Castes, as listed in the Presidential Notification under Article 341 of the Constitution, would amount to reverse discrimination and violate Article 14, which guarantees equality before the law.

Also Read: Allahabad High Court To Deliver Verdict Today On Mathura’s Shri Krishna Janmabhoomi-Shahi Idgah Mosque Dispute

However, in 2020, a 5-judge Bench led by Justice Arun Mishra (now retired) recommended revisiting the 2004 ruling. The 2020 Bench observed that the benefits of reservation were not reaching the most disadvantaged within the SCs and STs, thus suggesting a need for re-evaluation of the existing framework. The current case involved an appeal by the Punjab Government challenging a Punjab and Haryana High Court decision that had annulled the 2006 Punjab Scheduled Castes and Backward Classes Act. This Act had provided ‘first preference’ in government jobs to Balmikis and Mazbhi Sikh castes within the SC quota.

The current case involved an appeal by the Punjab government challenging a Punjab and Haryana High Court decision that had annulled the 2006 Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act. This Act had provided ‘first preference’ in government jobs to Balmikis and Mazbhi Sikh castes within the SC quota.

This recent ruling by the Supreme Court is to impact how affirmative action benefits, potentially allowing for more targeted support to those who are most in need within reserved categories.

Prakash Ambedkar, president of the Vanchit Bahujan Aghadi, criticized a recent decision on X, arguing it violates the fundamental right to equality and questioning how backwardness will be determined.

Four judges also weighed in on the concept of the “creamy layer” within Scheduled Castes and Tribes. The “creamy layer” refers to members of these groups who are financially and socially advanced and, therefore, ineligible for reservations.

Justice BR Gavai suggested that the creamy layer concept should apply to reservations for Scheduled Castes and Tribes as well, though he did not specify how it should be assessed. Two other judges agreed with this view. Justice Pankaj Mithal commented that if a generation benefits from reservations to advance in society, subsequent generations should not continue to receive reservations.

However, these comments from the judges are not binding on future cases. Currently, the creamy layer principle applies to reservations for other backward classes and is also relevant for job growth within Scheduled Castes and Tribes.

Gopal Krishna

Recent Posts

Gautam Adani Hails Puri Lifeguards As Unsung Heroes During Rath Yatra Visit

Gautam Adani, Chairman of the Adani Group, visited Puri in Odisha during the annual Rath…

5 hours ago

Acharya Pramod Krishnam Slams Congress Over ‘Internal Emergency’ Allegation

Acharya Pramod Krishnam, stirred political debate by claiming an 'internal emergency' still exists within the…

5 hours ago

MRM Meeting: Pledge for Global Peace, Green India, De-addiction & Democratic Integrity

Taking a crucial step toward positive transformation, social reform, and global peace, the Muslim Rashtriya…

5 hours ago

India To Host 2029 World Police & Fire Games; Amit Shah Hails Global Recognition

India has been chosen to host the prestigious 2029 World Police and Fire Games in…

5 hours ago

Seeing The Lord Among Devotees Is The Pinnacle Of Humility: Gautam Adani At Rath Yatra

Gautam Adani, along with his wife and Karan, participated in the Rath Yatra in Puri,…

8 hours ago

PM Modi Interacts With Group Captain Shubhanshu Shukla Aboard The ISS

PM Narendra Modi interacted with Group Captain Shubhanshu Shukla, the first Indian to reach the…

9 hours ago