Now sub-categories can be made in SC-ST reservation, Supreme Court approves quota within quota; overturns 2004 decision
Supreme Court on reservation: The apex court has today approved quota within quota. A bench of 7 judges of the Supreme Court said that now sub-classification of Scheduled Castes is acceptable to provide separate quotas for more backward people within the Scheduled Caste categories. The court said that now the state government can create sub-categories to benefit the more needy even among the backward people.
The Supreme Court has today given an important decision and approved quota within quota. A bench of 7 judges of the Supreme Court said that now sub-classification of Scheduled Castes is acceptable to provide separate quotas for more backward people within the Scheduled Caste categories.
The court said that now the state government can create sub-categories to benefit the more needy even among the backward people.
The Supreme Court also clarified in the order that while allowing sub-classification, the state cannot fix 100 percent reservation for any sub-category. Also, the state will have to justify the sub-classification on the basis of empirical data regarding inadequate representation of the sub-category.
The CJI said that the struggle with the people of the class does not end with their representation even at the lowest level. The CJI said that the 2004 decision of Chinnaiya was rejected and that the sub-classification of the Scheduled Classes is unacceptable.
CJI DY Chandrachud said that there are 6 opinions. Justice Bela Trivedi has dissented. The CJI said that most of us have rejected the decision of EV Chinnaiya and we believe that sub-classification is acceptable.
The 7-judge bench of the Supreme Court held with a 6:1 majority that the sub-classification of the reserved classes i.e. Scheduled Castes / Scheduled Tribes is acceptable.
