Sub Categorisation of Scheduled Caste Reservation

Context

The Supreme Court of India allowed the sub-categorisation of scheduled castes in reservations, allowing wider protection for underrepresented groups in a 6:1 landmark verdict.

Sub-classification of Scheduled Castes: Homogeneity in forwardness,  non-homogeneity in backwardness – The Leaflet

About

  • The Supreme Court addressed whether sub-class of Scheduled Castes and Scheduled Tribes is permissible for the purpose of reservation.
  • This ruling has critical outcomes for states that purpose to provide broader protection to certain castes which are significantly underrepresented in comparison to the so-referred to as dominant scheduled castes.

2004 Judgment Revisited

  • The bench is revisiting its 2004 judgement in the case of EV Chinnaiah vs. State of Andhra Pradesh.
  • In that judgement, the courtroom had held that Scheduled Castes formed a homogenous group, and therefore, no sub-division among them was permissible.
    • Now, the court is reconsidering whether or not this ruling needs to be modified.

Significance of Recent Judgements

  • Graded Inequalities: The most important argument for sub-categorisation of SCs has been the graded inequalities amongst SC communities.
    • The thrust of it’s been that even some of the marginalised, there are groups which have less access to basic facilities.
  • Unequal Representation: Some communities are more backward and have much less illustration than others.
    • For instance, the Madiga community has claimed that the services, consisting of that of reservation, intended for the SC category were cornered through the Mala community, with the Madigas being unnoticed.
  • Legal Standpoint: A 5-judge Bench headed by Justice Arun Mishra has affirmed the competence of the States to provide preferential remedy to the weakest among the Scheduled Castes without depriving different castes of any benefit.
    • The Court has mentioned that the Scheduled Castes list incorporates many castes and can’t be dealt with as a homogeneous institution.
  • Equitable Distribution of Benefits: The Union government has formed a committee of Secretaries to assess and work out a method for the equitable distribution of services, schemes, and tasks to the most backward groups amongst the over 1,200 Scheduled Castes throughout the country.
  • Recognizing Diversity: The court docket stated that ‘ancient and empirical evidence shows that Scheduled castes are not a homogenous class’
    • This popularity of diversity in the SC community is a departure from the sooner stance.

Possible Challenges of Sub Categorisation in Scheduled Castes

  • These are primarily based on the felony and practical demanding situations related to it.
  • Legal Challenges: The Supreme Court held that the State did not have the power to unilaterally sub-categorise communities in the list of SCs or Scheduled Tribes (STs).
    • The Constitution has furnished that those lists can only be made by Parliament and notified by the President.
  • Data of socio-economic status: The population facts related to SC, ST, and OBC classes aren’t updated since the 2011 census.
    • It hampers the objective and medical foundation for sub-categorisation.
  • Untouchability: The social and academic backwardness can’t be applied to Scheduled Castes and Scheduled Tribes. The special treatment is given to the SCs because of untouchability with which they’ve suffered for a long time.

Conclusion

  • The latest verdict allows state governments to sub-classify SCs for granting reservation benefits in admissions and public jobs. It overturns the earlier ruling that confined such sub-categorization.
  • It recognises the want to address the varying degrees of disadvantage in the SC community and presents a more nuanced approach to reservation policies. It’s a step towards ensuring equitable opportunities for all.

Source: The Hindu

UPSC Mains Practice Question

Q. What are the two major legal initiatives by the State since Independence addressing discrimination abenefitst Scheduled Tribes (STs). (2017)

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