Sub-Classification Of SCs And STs:
On August 1, 2024, the Supreme Court of India ruled in the case of State of Punjab and Ors Vs Davinder Singh and Ors that states can sub-classify Scheduled Castes (SCs) and Scheduled Tribes (STs) to grant additional quotas for the more disadvantaged within these categories.
Judgment Overview:
- Sub-Classification Allowed: States can now create sub-categories within SCs and STs for more targeted reservations.
- Creamy Layer Inclusion: The Court emphasized the need to exclude the ‘creamy layer’—more advantaged members—within SC and ST groups from affirmative action benefits.
- Empirical Study Requirement: States must conduct studies before implementing sub-classification, and their decisions are subject to judicial review.
- Educational and Socio-Economic Factors: The criteria may include educational background, similar to the OBC model but adjusted for SC/ST contexts
- The state cannot earmark 100% reservation for a sub-class while allowing sub-classification
- The State’s power to sub-classify is subject to judicial review.
- Sub-classification does not violate the principle of equality enshrined under Article 14 and the President’s exclusive authority under Article 341 to identify SCs.
