SC Allows Sub-Divisions in SC, ST for Quota

New Delhi: In a landmark verdict, a seven-judge Constitution Bench of the Supreme Court on Thursday okayed sub-classification within the Scheduled Caste and Schedule Tribe communities to provide reservations in jobs and education for the more marginalised sub-sets. Thus, the state in exercise of the power under Articles 15 and 16 can further classify the SCs if there is a rational principle for differentiation; and the rational principle has a nexus with the purpose of sub-classification.” The majority verdict said the basis of sub-classification has to be justified by “quantifiable and demonstrable data by the states, which cannot act on its whims” for political expediency. Justice Gavai, in a separate verdict, said states must identify the creamy layer in SCs and STs and take them out of reservations. Justice Gavai also expressed the opinion that the state must evolve a policy to identify the creamy layer among the SC/ ST category and take them out of the fold of affirmative action. In her dissenting verdict, Justice Trivedi said states could not tinker with the Scheduled Caste list notified under Article 341 of the Constitution and the affirmative action of states had to be within the constitutional fold.