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2024 INSC 562Supreme Court of India

State of Punjab v. Davinder Singh

States Can Sub-Classify SC/STs for More Equitable Reservation

1 August 2024Chief Justice Dr. D.Y. Chandrachud, Justice B.R. Gavai, Justice Vikram Nath, Justice Bela M. Trivedi, Justice Pankaj Mithal, Justice Manoj Misra, Justice Satish Chandra Sharma
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TL;DR

A seven-judge Constitution Bench of the Supreme Court, by a 6:1 majority, held that State governments can create sub-classifications within Scheduled Castes (SCs) and Scheduled Tribes (STs) for reservation in public employment and education. The judgment overruled the 2004 E.V. Chinnaiah decision which had held that SCs form a homogeneous group that cannot be subdivided. States can now prioritize more backward sub-groups within SCs/STs.

The Bottom Line

States can now create sub-quotas within SC/ST reservations to ensure that benefits reach the most disadvantaged sub-groups. The more backward castes within the SC category can be given preference over relatively advanced ones.

Case Timeline

The journey from FIR to Supreme Court verdict

event
1 Jan 1975

Punjab Notification

Punjab divided SC reservation: 50% for Balmikis/Mazhabi Sikhs, 50% for others

judgment
4 Nov 2004

E.V. Chinnaiah Judgment

Five-judge bench held SCs are homogeneous, cannot be sub-classified

order
27 Aug 2020

Reference to Seven-Judge Bench

Five-judge bench referred matter to larger bench to reconsider Chinnaiah

judgment
1 Aug 2024

Constitution Bench Judgment

Seven-judge bench overruled Chinnaiah by 6:1 majority

The Story

In 1975, the Punjab government divided its 25% SC reservation into two categories: half for Balmikis and Mazhabi Sikhs (considered most disadvantaged), and the other half for remaining SC groups.

In 2004, a five-judge bench in E.V. Chinnaiah v. State of Andhra Pradesh struck down Andhra Pradesh's similar sub-classification, holding that the Presidential list of SCs under Article 341 creates a homogeneous class that cannot be subdivided by States.

Punjab's 1975 notification was also challenged based on Chinnaiah. The Punjab and Haryana High Court struck down the sub-classification. Punjab appealed to the Supreme Court.

Given the importance of the issue and the need to reconsider Chinnaiah, the matter was referred to a seven-judge Constitution Bench. After detailed hearings, the Bench delivered a 6:1 majority verdict overruling Chinnaiah and upholding the power of States to sub-classify SCs/STs.

Legal Issues

Click each question to reveal the Supreme Court's answer

1Question

Whether States can sub-classify Scheduled Castes and Scheduled Tribes for reservation purposes?

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1SC Answer

YES (6:1 majority). The Court held that Articles 15 and 16 of the Constitution enable States to create special measures for backward classes. States can apportion reservation benefits among identified castes to ensure equitable outcomes. Sub-classification is a permissible exercise of this power.

Overrules Chinnaiah and empowers States to target reservation benefits to most disadvantaged.

2Question

Does sub-classification amount to tinkering with the Presidential List under Article 341?

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2SC Answer

NO. The Court distinguished between the President's power to identify which castes are SCs (Article 341) and the State's power to apportion reservation benefits among those identified castes (Articles 15/16). Sub-classification does not add or remove castes from the list.

Clarifies the distinction between identification and benefit distribution.

3Question

Are Scheduled Castes a homogeneous class?

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3SC Answer

NO (majority view). The Court recognized that there are varying degrees of social backwardness within SCs. Some sub-groups have historically faced more severe discrimination and remain more disadvantaged than others.

Rejects the assumption that all SCs are equally backward.

4Question

What are the limitations on sub-classification?

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4SC Answer

States cannot reserve 100% of seats exclusively for any sub-class. Sub-classification must be based on rational criteria indicating social backwardness. Empirical data must support the need for sub-classification. Creamy layer within SCs can also be excluded.

Sets guardrails to prevent abuse of sub-classification power.

Arguments

The battle of arguments before the Supreme Court

Petitioner

Vihaan Kumar

1

Substantive equality requires sub-classification

Within SCs, some castes have benefited disproportionately from reservation while others remain severely disadvantaged. Sub-classification ensures equitable distribution.

2

State's power under Articles 15 and 16

These are enabling provisions that allow States to make special provisions for backward classes. This includes the power to sub-classify.

3

Presidential list identifies, not distributes

Article 341 only identifies which castes are SCs. How benefits are distributed among them is for the State to decide under Articles 15/16.

Respondent

State of Haryana

1

Chinnaiah settled the law

E.V. Chinnaiah categorically held that SCs form a homogeneous class. This has been the law for 20 years.

2

Presidential list is sacrosanct

Only Parliament can include/exclude castes from the SC list. States cannot create sub-categories within this constitutional class.

3

Division will create hierarchy

Sub-classification will create hierarchies among SC communities and lead to inter-caste conflicts.

Court's Analysis

How the Court reasoned its decision

The seven-judge bench conducted a comprehensive review of reservation jurisprudence, examining the purpose of affirmative action and the reality of intra-group disparities within SCs. The majority held that formal equality (treating all SCs identically) has failed to achieve substantive equality, as benefits have been cornered by relatively advanced sub-groups. Sub-classification is a tool to correct this imbalance.

Treating unequals as equals perpetuates inequality. If within the SC category, some groups are more backward than others, treating them all identically defeats the purpose of reservation.

Philosophical basis for sub-classification.

The State's power to sub-classify is derived from Articles 15 and 16, which are distinct from the President's power under Article 341 to identify SCs.

Constitutional basis distinguishing identification from distribution.

Sub-classification must be rooted in rational basis indicating social backwardness. States must collect empirical data showing inadequate representation of certain sub-groups.

Requirement for data-backed sub-classification.

Allowed

The Verdict

Relief Granted

Punjab's 1975 notification creating sub-classification upheld. States across India can now implement similar measures.

Directions Issued

  • States can sub-classify SCs/STs for reservation purposes
  • Sub-classification must be based on rational criteria and empirical data
  • States cannot reserve 100% seats exclusively for any sub-class
  • Two models permitted: preference model (prioritizing sub-castes) or exclusive model (specific seat reservation)
  • Creamy layer principle applies to SCs/STs
  • E.V. Chinnaiah (2004) is overruled

Key Legal Principles Established

1

States can sub-classify SCs/STs for reservation in employment and education.

2

Sub-classification does not tinker with the Presidential List under Article 341.

3

SCs/STs are not a homogeneous class - varying degrees of backwardness exist.

4

Sub-classification must be based on rational criteria and empirical data.

5

States cannot reserve 100% of seats for any one sub-group.

6

Creamy layer exclusion applies to SCs/STs.

7

E.V. Chinnaiah (2004) is overruled.

8

Two models: preference model or exclusive reservation model.

Key Takeaways

What different people should know from this case

  • If you belong to a more disadvantaged sub-group within SCs/STs, you may get preference in reservation.
  • State governments can now create sub-quotas within SC/ST reservations.
  • The most marginalized communities within SCs/STs will get targeted benefits.
  • This does not affect overall SC/ST reservation percentage - only how it is distributed.
  • If you're in the "creamy layer" of SCs/STs, you may be excluded from reservation in promotions.

Watch & Learn

Video explanations in multiple languages

Frequently Asked Questions

No. The overall percentage remains the same. Sub-classification only affects how the existing quota is distributed among different sub-groups within SCs/STs.
Punjab, Tamil Nadu, Andhra Pradesh, and several other States have enacted or are considering sub-classification laws. Following this judgment, more States are expected to implement such measures.
No. The judgment specifically prohibits 100% exclusive reservation for any sub-class. Other SC/ST groups must also have opportunity to benefit.
Justice Bela Trivedi dissented, holding that the Presidential list is sacrosanct and States cannot sub-classify. She argued that all SCs suffer from the stigma of untouchability equally.
Yes. The majority held that creamy layer exclusion applies to SCs/STs, building on the Jarnail Singh judgment.

DISCLAIMER: This case summary is for educational and informational purposes only. It does not constitute legal advice. For advice on your specific situation, please consult a qualified advocate. JurisOptima is not responsible for any actions taken based on this information.

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