• UGI USER
  • Aug 02, 2024
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SUPREME COURT RULING ON SC/ST QUOTAS

Why in the news?

  • The Supreme Court ruled that Scheduled Castes (SCs) and Scheduled Tribes (STs) can be sub-classified by states for reservation purposes.
  • A “rational principle” is required for such sub-classification, with a connection to its purpose.
  • Four judges favoured excluding the creamy layer from SCs and STs.

About the Supreme Court Verdict on SCs and STs Sub-Classifications:

  • Sub-Classifications Permitted: States can sub-classify SCs and STs based on backwardness levels within reservation quotas.
  • Empirical Basis: Sub-classifications must be based on data and evidence of systemic discrimination, not political reasons.
  • Creamy Layer: Applies the ‘creamy layer’ principle to SCs and STs, excluding more privileged members.
  • Reservation Limit: Reservations are limited to the first generation; subsequent generations are ineligible if higher status is achieved.
  • Rationale: Aims to address disparities and ensure benefits reach the most disadvantaged members of SCs and STs.
  • The court emphasised the use of empirical data and reasonable grounds for sub-classification.
  • Sub-classification must withstand judicial scrutiny and avoid “micro-classification.”
  • The principle must be relevant and share a nexus with the purpose of sub-classification.
source:scribd
Arguments For Sub-Classification:

  • Enhanced Flexibility: Allows tailored policies to address the most disadvantaged within SC/ST communities.
  • Alignment with Social Justice: Targets benefits to those most in need, fulfilling the constitutional goal of social justice.

Constitutional Provisions:

  • Articles 16(4) and 15(4) support reservations and special arrangements for backward classes.

State Flexibility:

  • Article 342A: permits states to adjust lists of socially and economically backward classes.

Arguments Against Sub-Classification:

  • Homogeneity Concerns: May undermine the uniform status of SCs and STs recognized in the Presidential list.
  • Potential for Inequality: Risk of further division and exacerbation of existing inequalities within the SC community.

Constitutional Provisions for Weaker Sections:

  • Article 15(4): Allows special provisions for advancing weaker sections.
  • Article 16(4A): Provides reservation in state services for SCs/STs.
  • Article 17: Abolishes untouchability.
  • Article 46: Promotes educational and economic interests of SCs/STs; protects from injustice and exploitation.
  • Articles 330 & 332: Reservation of seats for SCs/STs in the House of the People and State legislative assemblies.
  • Article 335: Considers SCs/STs claims in service appointments, balancing efficiency.
  • Article 338: Establishes National Commission for Scheduled Castes (NCSC) and National Commission for Scheduled Tribes (NCST).
  • Part IX & IXA: Reservations for SCs/STs in Panchayats and Municipalities.