Syllabus
GS Paper 1 – Social Empowerment; Salient features of Indian Society; Diversity of India;
Context
Allowing sub-quotas to least advanced among SCs deepens social justice
Source
The Hindu| Editorial dated 3rd August 2024
Weakest first
The evolution of affirmative action in India has progressed from formal equality to substantive equality, emphasizing diversity and addressing historical injustices. A recent Supreme Court judgment allows States to sub-classify Scheduled Castes (SCs) and extend preferential treatment to the most disadvantaged, aiming to deepen social justice and ensure that the marginalized receive the benefits of affirmative action.
Supreme Court’s Verdict on Sub-Classifications of SCs and STs
- Ruling: States are now constitutionally permitted to sub-classify SCs and STs based on varying levels of backwardness.
- Quota Management: States can sub-classify within the 15% reservation quota for SCs to better support the most disadvantaged groups.
- Clarification: The Chief Justice of India emphasized the distinction between “sub-classification” and “sub-categorization,” cautioning against using these classifications for political gain.
- Basis: Sub-classifications should be based on empirical data and historical evidence of systemic discrimination, not arbitrary or political reasons.
- Evidence Requirement: States must base their sub-classifications on empirical evidence to ensure fairness.
- Limits: The Court clarified that 100% reservation for any sub-class is not permissible, and state decisions on sub-classification are subject to judicial review to prevent misuse.
- ‘Creamy Layer’ Principle: The ‘creamy layer’ principle, previously applied to OBCs, should now also apply to SCs and STs, excluding the better-off within these groups from reservation benefits.
- Generational Limit: Reservation benefits should be limited to the first generation; once a family has benefited, subsequent generations should not receive the same advantages.
- Rationale: The Court recognized that systemic discrimination hinders some SCs and STs from advancing, thus sub-classification under Article 14 of the Constitution can help address these disparities.
Reference of the Sub-Classification Issue
- 2005 E.V. Chinnaiah Case: The previous judgment had struck down an Andhra Pradesh law that classified SC communities, stating only Parliament could modify the Presidential list of SCs.
- State of Punjab v. Davinder Singh, 2020: The case involved the Punjab Scheduled Caste and Backward Classes (Reservation in Services) Act, 2006, specifically a provision for reserving 50% of SC vacancies for Balmikis and Mazhabi Sikhs.
- High Court Ruling: The Punjab and Haryana High Court struck down this provision in 2010, citing the E.V. Chinnaiah judgment.
Arguments For Sub-Classification
- Enhanced Flexibility: Allows governments to design policies that better address the needs of the most disadvantaged within SC/ST communities.
- Alignment with Social Justice: Helps achieve social justice by providing targeted benefits to those most in need.
- Constitutional Support: Supported by Articles 15(4), 16(4), and 342A of the Constitution, which empower the state to make special arrangements for socially and educationally backward classes.
Arguments Against Sub-Classification
- Homogeneity Concerns: Critics argue that it undermines the uniform status of SCs and STs as recognized in the Presidential list.
- Potential for Inequality: Could lead to further division and exacerbate inequalities within the SC community.
Challenges for Sub-Classification
- Data Collection and Evidence
- Essential Data: Accurate data on socio-economic conditions of different sub-groups within SCs and STs is crucial.
- Evidence Requirement: States must use empirical evidence to justify sub-classification decisions.
- Balancing Interests: Balancing the interests of different sub-groups within SCs and STs can be complex.
- Uniformity vs. Diversity: Sub-classification allows for tailored policies but may lead to variations across states.
- Resistance and Tensions: Policies may face opposition and could exacerbate social tensions within SC/ST communities.
- Administrative Burden: Creating and managing sub-categories adds administrative complexity and requires additional resources.
Significance of the Supreme Court Verdict
- Overruling Previous Judgment: Reverses the E.V. Chinnaiah ruling, allowing states to sub-classify SCs and STs for reservation purposes.
- Impact on State Laws: Upholds various state laws previously struck down, enabling states to create sub-categories within SC and ST groups.
- Future of Reservations: States can now implement more nuanced and effective reservation strategies, potentially setting a new precedent for similar cases and policies.
Way Forward
- Historical and Economic Considerations: States should consider historical discrimination and economic disparities in their policies.
- Data Utilization: Leverage upcoming Census data for comprehensive sub-group information.
- Clear Criteria: Establish clear and objective criteria for sub-classification.
- Monitoring and Adjustment: Continuously monitor the impact and adjust policies to ensure effectiveness.
- Long-term Focus: Recognize sub-classification as a temporary measure and focus on broader socio-economic development and empowerment of SCs and STs.
Conclusion
The Supreme Court’s decision to permit sub-classification within Scheduled Castes enhances substantive equality and social justice. By recognizing the diversity within SCs and empowering States to provide targeted benefits, the judgment ensures better representation for the most marginalized. While the exclusion of the “creamy layer” may present challenges, the focus remains on achieving an inclusive and equitable society.
Related PYQ
What are the two major legal initiatives by the State since Independence addressing discrimination against Scheduled Tribes (STs). [ UPSC Civil Services Exam – Mains 2017]
Practice Question
Discuss the significance of the Supreme Court’s recent judgment allowing States to sub-classify Scheduled Castes (SCs) for preferential treatment?[150 words]