Sub-Classification Within Reserved Categories | Judgement Matrix
Validity of Sub-Classification Within Reserved CategoriesJudges: D.Y. Chandrachud CJI, B.R. Gavai J, Vikram Nath J, B.M. Trivedi J, Pankaj Mithal J, Manoj Misra J, S.C. Sharma J
On 1 August 2024, a seven-judge Constitution Bench of the Supreme Court upheld the validity of sub-classifications within the Scheduled Caste and Scheduled Tribe categories.
The 6:1 majority also noted that the Scheduled Castes notified under the Presidential List of 1950 under Article 341 were not a homogeneous group as they faced varying degrees of discrimination. This decision overrules the five-judge bench decision of the Court in E.V. Chinnaiah v State of A.P. (2004).
As many as six opinions were written in this 565-page judgement. Chief Justice D.Y. Chandrachud wrote on behalf of himself and Justice Manoj Misra. Justices B.R. Gavai and Pankaj Mithal authored separate, concurring opinions. Justices Vikram Nath and S.C. Sharma authored opinions agreeing with the Chief and Justice Gavai. Justice Bela Trivedi authored the dissenting opinion.
SCO’s matrix breaks down the key findings and observations of all seven judges.
Background
In 1975, the government of Punjab issued a notification dividing its existing 25 percent reservation for Scheduled Castes (SC) into two categories: 50 percent to Balmikis (Valmikis) and Mazhabi Sikhs and the other half for the remaining Scheduled castes in the state.
Almost three decades later, in E.V. Chinnaiah v State of Andhra Pradesh (2004), a five-judge set aside a similar law in Andhra Pradesh reasoning that sub-classification within the SC category was not permitted. Subsequently, the Punjab and Haryana High Court struck down the Punjab notification on 25 July 2006.
Following this decision, the Punjab government passed the Punjab Scheduled Caste and Backward Classes (Reservation in Services) Act, 2006 (the Act). Section 4(5) of the Act reintroduced 50 percent “first preference” reservations for Balmikis and Mazhabi Sikhs.
On 29 March 2010, the Punjab and Haryana High Court struck down this provision, relying on the Chinnaiah judgement. The Punjab government moved the Supreme Court on appeal.
In August 2014, a three-judge bench referred the matter to a five-judge Constitution Bench to assess the correctness of E.V. Chinnaiah. On 15 July 2020, a five-judge bench led by Justice Arun Mishra began hearing the matter and referred the case to a seven-judge bench on 28 August 2020.
On 6 February 2024, a seven-judge bench led by Chief Justice D.Y. Chandrachud began hearing the case.