States empowered to make sub-classification in SCs, STs for quotas inside reserved category: SC

In a majority verdict, the  Supreme Court  on Thursday said states are empowered to make sub-classifications of Scheduled Castes and Scheduled Tribes for granting quotas inside the reserved category to uplift the more underprivileged castes.

A seven-judge constitution bench headed by Chief Justice D Y Chandrachud held by a 6:1 majority that the further sub-classification of SCs and STs by states can be permitted to ensure grant of quota to more backward castes inside these groups.

The bench delivered six separate judgements.

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”.

The bench, also comprising justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra Mishra, was hearing 23 petitions, including the lead one filed by the Punjab government challenging a 2010 verdict of the Punjab and Haryana High Court.

The CJI wrote for himself and Justice Misra. Four judges wrote concurring judgments while Justice Trivedi dissented.

Overruling its 2004 judgement of a five-judge bench in the EV Chinnaiah case, the top court said members of SCs and STs are often unable to climb up the ladder due to the systemic discrimination faced by them.

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