New Delhi: The Supreme Court has agreed to give reservation within SC, ST for reservation. A historic judgment has been issued stating that sub-classification is legally binding.
The Court has given the power to the states to decide which castes and tribes should be given internal reservation.
Chief Justice Chandrachud led this Justice. A constitution bench comprising BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Mishra and Satish Chandra Sharma announced this important order.
Justice Bela Trivedi dissented and held that such sub-classification was not permissible.
The court issued this important order after hearing a petition challenging the validity of the Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act related to internal reservation. The Court upheld the validity of laws in Punjab, Tamil Nadu and other states providing for such sub-classification.
The Punjab and Haryana High Court had struck down the Act created by the Government of Punjab. Challenging this order, the Punjab government filed an appeal in the Supreme Court.
What is in the court order? SC/ST people are unable to move up in the society because of the systemic discrimination they face. Article 14 of the Constitution allows sub-classification of caste. The inclusion or removal of communities from the reservation list should not be politicized by appeasement.
Scheduled castes are not a homogeneous group. Governments can sub-categorize SCs to give more opportunity in 15% reservation to the most discriminated SCs.
Sub-classification of castes in SCs should be based on their degree of discrimination. States can do so by collecting empirical data on their representation in government jobs and educational institutions.