Govt backs SC, ST subclassification

What’s in today’s article?

• Why in news?
• Legality of Sub-categorisation within Castes
• Steps taken by the Union Government on the issue of sub-classification
• News Summary: Govt backs SC, ST subclassification
• Key highlights of the stand taken by the Centre
• Observations made by the apex court

Why in news?

• The Centre supported in the Supreme Court the sub-classification of Scheduled Castes and Scheduled Tribes for grant of quota inside quota.
  • A seven-judge Constitution bench headed by Chief Justice DY Chandrachud is examining the validity of its 2004 judgement.
  • The judgement had held that states do not have the power to further sub-classify SCs and STs for grant of quotas.

Legality of Sub-categorisation within Castes

• In the last two decades, multiple States like Punjab, Bihar, and Tamil Nadu have tried to bring in reservation laws at the State level in a bid to sub-categorise SCs.
• However, all plans are held up in courts as the Supreme Court forms its larger Constitution Bench to decide the matter.
• E. V. Chinnaiah v State of Andhra Pradesh (2004):
  • In this case, apex court held that once a community is included in the Presidential List for Scheduled Castes under Article 341 of the Constitution, they become part of a single larger class of people, casting a wide net for the purposes of reservation.
  • The Bench held:
    • that the State did not have the legislative power to create sub-classifications within this single class and
    • that such an action would violate the Right to Equality.
  • The Constitution has provided that these lists can only be made by Parliament and notified by the President.
• Davinder Singh case
  • In 2020, another five-member Supreme Court bench in the Davinder Singh case unanimously ruled that sub-categorisation is constitutionally valid and suggested a larger constitutional bench rule on the matter.
• Matter referred to seven-judge bench
  • A seven-judge Constitution bench is now examining the validity of its 2004 judgment in E V Chinnaiah vs State of Andhra Pradesh.
  • The top court is examining questions:
    • whether sub-classification inside the Scheduled Castes and Scheduled Tribes categories be permitted like in the case of other backward classes (OBCs) and
    • if the state assemblies are competent to introduce laws empowering the states to undertake this exercise.

Steps taken by the Union Government on the issue of sub-classification

• Earlier steps
  • The Union government had in 2005 considered legal options for sub-categorisation of SCs.
  • At the time, the erstwhile Attorney General of India had opined that this could be possible but only if there was unimpeachable evidence to indicate a necessity.
  • Also, the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST) had opined that a constitutional amendment was not necessary.
    • They said that Article 16(4) of the Constitution already provided for States to create special laws for any backward classes it felt was under-represented.
    • They also argued that just setting aside a quota within the quota would not be enough.
    • Making sure existing schemes and benefits reach them on priority basis was more urgent.
• Recent step
  • In January 2024, Union government has formed a five-member committee of Secretaries, chaired by the Cabinet Secretary.
    • The committee comprises the Secretaries of the Home Ministry, Law Ministry, Tribal Affairs Ministry, and Social Justice Ministry.
  • The task of this committee is to assess and find a fair way to distribute benefits, programs, and initiatives to the most disadvantaged communities among the 1,200 Scheduled Castes in the country.

News Summary: Govt backs SC, ST subclassification

• Arguing before the Constitution bench, the Centre backed the idea of earmarking most backward categories within SC/STs to enable the states to frame appropriate policies on subclassification and rationalisation of reserved seats.

Key highlights of the stand taken by the Centre

• Highlighted the flaws in 2004 judgement
  • The Centre said:
    • the 2004 judgement disempowered the state to frame appropriate policy by sub-classifying the zone of reservation appropriately and
    • diminished the constitutional guarantee of equality of opportunity.
• Concept of equality operates at dual level
  • The concept of Equality of opportunities operates at a dual level:
    • between open category and backward classes – and
    • secondly, it has to operate even within the backward classes inter-se.
  • The lack of sub-classification perpetuates the zone of inequality within the reserved category and estops the State from framing appropriate policy in this regard.
• Reservation benefits available are limited in nature
  • The Centre said that the reservation benefits available are limited in nature.
  • The State can only provide for a limited number of seats in government higher education institutions and posts in the government services which are reserved.
  • The said seats and the posts are even otherwise a scarce commodity and therefore required to be re-distributed rationally.
• Reservation is key to achieve the objectives of upliftment
  • In order to achieve the actual objective behind reservations, the rationalisation is key and proliferation and deepening of the reservation benefits are necessary.

Observations made by the apex court

• Reservation policy should be organic and evolving, not static.
  • SC said that anyone who reads the daily newspaper would see that there is a sea change. Reservation policy must therefore keep pace with the social dynamics. 
• If the government keeps the reservation policy which was there 50 years back, it will get fossilised. It will lose its connection with the contemporary situation

Q1) What is National Commission for Scheduled Castes?

The National Commission for Scheduled Castes (NCSC) is a constitutional body that safeguards the rights of Scheduled Castes (SCs). The NCSC is under the jurisdiction of the Ministry of Social Justice and Empowerment, Government of India.

Q2) What is Article 341 of Indian Constitution? 

Article 341 of the Indian Constitution empowers the President to declare certain castes and races as Scheduled Castes. The President can do this through a public notification after consulting with the Governor of the relevant state or union territory.

Source: Quota policy should be organic and evolving, says Supreme Court; Govt backs SC, ST subclassification | Supreme Court Observer | The Hindu