On August 1, a 7-judge Constitution Bench of the Supreme Court, by 6:1 majority, held that States can identify more backwards among the SC categories and can sub-classify them for giving separate quotas within the quota.
The Supreme Court on Friday dismissed several review petitions against its previous decision on permitting sub-classification of Scheduled Castes (SC) and Scheduled Tribes (ST) quota to grant reservations for more backwards within the categories.
A seven-judge bench of Chief Justice D Y Chandrachud and Justices B R Gavai, Vikram Nath, Bela Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra Sharma said there is no error apparent on the face of the record.
Read More: Supreme Court Says Sub-Classification Of SC/ST Permissible, CJI Points To ‘Systemic Discrimination’
“Having perused the review petitions, there is no error apparent on the face of the record. No case for review… has been established. The review petitions are, therefore, dismissed,” the top court said.
Applications for listing the review petitions in open court were also rejected by the apex court.
On August 1, a 7-judge bench led by CJI Chandrachud, by 6:1 majority, held that states can identify more backwards among the SC/ST categories and can sub-classify them for giving separate quotas within the quota. In her sole dissent, Justice Trivedi held that Scheduled Castes cannot be sub-classified.
While setting aside its own 2004 judgment in the EV Chinnaiah case that ruled against sub-classification of SCs, the top court held that states are empowered to make the classification for granting quota in jobs and admissions.
The top court had delivered six separate judgements.
“There are six opinions. A majority of us has overruled EV Chinnaiah and we hold sub-classification is permitted. Justice Bela Trivedi has dissented. The members of SC/ST are often not able to climb up the ladder due to the systemic discrimination faced,” CJI Chandrachud had said.
Read More: What Is Sub-Classification Of SCs, STs For Quota? Why Has Supreme Court Re-examined It?
The SC had further remarked that historical evidence showed that depressed class were not homogenous class, and social conditions showed that all classes under that is not uniform. “The struggles that a class faces does not disappear with the representation it receives in the lower grades,” the CJI said while pronouncing the order.
In 2004, the apex court had ruled that all SC communities, which suffered ostracisation, discrimination and humiliation for centuries, represented a homogeneous class incapable of being sub-categorised. States cannot further sub-classify them to grant quota inside quota for more deprived and weaker castes in these groups, it had said while pronouncing the previous judgment.
