Context: In a landmark ruling, the Supreme Court, with a 6-1 majority, declared that Scheduled Castes (SCs) and Scheduled Tribes (STs) do not constitute a socially homogeneous group.
- Reversal of Previous Ruling: The judgement overturns the earlier E.V. Chinnaiah ruling, which had held that SCs/STs were a homogeneous group and could not be subdivided for the purpose of reservations.
Key Highlights of the Judgement:
- Non-Homogeneity of SCs/STs: The Court affirmed that SCs/STs are not a uniform group, thus allowing states the authority to sub-classify them.
- Presidential and Parliamentary Roles: SCs are specified by the President under Article 341(1), and any amendments to this list can only be made by Parliament under Article 341(2). Inclusion in the Presidential list does not create an unchangeable or uniform class.
- State Authority: States are empowered under Articles 15(4) and 16(4) to identify varying levels of social backwardness within the SCs and to provide special provisions, including reservations, accordingly.
- Criteria for Sub-Classification:
- Effective Representation: The focus is on “effective representation” in public services rather than merely “numerical representation.”
- ‘Creamy Layer’ Principle: Justice Gavai suggested introducing the ‘creamy layer’ concept for SCs, akin to its application for OBCs, to ensure that only the most disadvantaged within the group benefit from reservations.
Possible Implications of the Judgement:
- State-Level Impact: States like Punjab, Bihar, and Tamil Nadu, which have been considering sub-classification policies, may now proceed with their implementation.
- Political Implications: The ruling could influence electoral strategies, as seen in Telangana, where promises of sub-classification were made to garner community support.
- Demand for Caste Census: The judgement strengthens the call for a caste census to accurately allocate reservation benefits.
Way Forward:
- Empirical Data Collection: Conduct socio-economic surveys and a caste census to gather accurate data, ensuring that reservation policies are effectively targeted.
- Inclusive Policy Formulation: Ensure that the benefits of sub-classification are distributed equitably among the eligible communities.
- Transparent Implementation: Implement sub-classification policies with periodic reviews and assessments to confirm that the intended beneficiaries are receiving the benefits.
- Judicial Oversight: Maintain judicial oversight to ensure that sub-classification policies are applied fairly, without discrimination or political bias.
- Awareness and Education: Raise awareness within SC/ST communities about their rights and the benefits available to them under sub-classification policies.