7-judge SC bench upholds quota within SC/ST quota saying sub-classification is permissible
In a major ruling on the 1st of August, a 7-judge constitutional bench of the Supreme Court ruled by a 6:1 majority that sub-classification of Scheduled Castes/Scheduled Tribes is admissible in order to give distinct quotas for more backwards within the SC/ST categories. The seven-judge Constitution bench led by CJI DY Chandrachud and Justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra, and Satish Chandra Sharma overturned the 2005 decision in EV Chinnaiah v. State of Andhra Pradesh, which ruled that sub-classification of SC/STs violates Article 341 of the Constitution, which grants the President the authority to prepare the list of SC/STs. Similarly, the court also upheld the Tamil Nadu Arunthathiyars Act, 2009, which provides for Arunthathiyars to be given preference in educational institutions and State government positions from the State’s 18% reservation for Scheduled Castes. However, Justice Bela Trivedi expressed her dissent and said, “Castes can be included or excluded from the Presidential list only by a law enacted by Parliament.
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