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The Supreme Court has given a major decision on reservation and overturned the decision of 5 judges in the EV Chinnaiya case in 2004. In a 2004 decision, the Supreme Court had said that no sub-categories can be created within the SC/ST tribes. Now the Constitution Bench of 7 judges of the Supreme Court has given a majority decision that the state government can create all those categories (categories which get the benefit of more reservation) between the Scheduled Castes and Scheduled Tribes.
According to the Indian Constitution, the population of the country is basically divided into four categories (General, Other Backward Classes, Scheduled Castes, Scheduled Tribes) on the basis of different castes. Now after the decision of the Supreme Court, many categories can be created within Scheduled Castes and Scheduled Tribes. In such a situation, state governments can give more benefits of reservation to any one category falling under Scheduled Castes or Scheduled Tribes.
What did the Supreme Court say?
A seven-judge bench of the Supreme Court delivered the verdict by a majority of 6-1. Apart from Justice Bela Trivedi, six other judges held that there is nothing in Articles 15, 16 that prevents the state from sub-classifying any caste. The Supreme Court bench said that the basis of sub-classification should be based on the correct data of the state, in such a situation the state cannot act as per its own will. However, despite reservation, people of the lower class find it difficult to leave their profession. Justice BR Gavai quoted BR Ambedkar's speech on the need for social democracy. Justice Gavai said that it is the duty of the state to give priority to backward communities, only a few people of the SC/ST category are taking advantage of reservation. The ground reality cannot be denied that there are classes in SC/ST who have been suffering oppression for centuries. The basis of sub-classification is that a group faces more discrimination than a larger group.
The creamy layer cannot be compared to the scavenger's child
Justice BR Gavai, in his separate but concurring judgment, said that states should also exclude the creamy layer from the SC-ST categories. In support of his decision, he said that it would be unfair to compare the children of the creamy layer (affluent class) of the Scheduled Castes with the children of a person from the Scheduled Caste who himself is a sweeper in the village. Justice BR Gavai read out the statement of Baba Saheb Ambedkar that – History tells us that when morality clashes with economy, the economy wins.
