The Indian Constitution, in its pursuit of social justice and equality, provides for affirmative action measures, primarily for Scheduled Castes (SCs) and Scheduled Tribes (STs) which are codified under Article 15(4) and 16 (4) of the Indian Constitution as a Fundamental Rights which allows the State to make special provisions for socially backward classes. These measures, including reservations in education and public employment, aim to rectify historical injustices and create a level playing field. However, the reality within these broad categories reveals varying degrees of social and economic backwardness. This instigates a nuanced approach, leading to the concept of sub-classification of Scheduled Castes.

The Need for a More Granular Approach: Why Sub-classification of Scheduled Castes Matters

Imagine a scenario: a government allocates a fixed budget for scholarships aimed at students from economically weaker sections. Simply dividing the budget equally among all students wouldn’t be equitable, as some students face significantly greater financial hardships than others. A more effective approach would be to categorize students based on income levels, ensuring that those with the greatest need receive a larger share of the resources.

Similarly, within the SC category, some communities are more marginalized and disadvantaged than others due to various socio-economic factors. A uniform approach to reservations might inadvertently benefit the relatively better-off within the SCs, leaving the most vulnerable behind. Sub-classification of Scheduled Castes addresses this by enabling states to create more specific categories within the broader SC umbrella. This allows for targeted allocation of benefits, ensuring that resources reach those who need them most effectively.

For instance, in 1994 Madiga Dandora Movement in Andhra Pradesh started demanding sub-classification in SC category citing that few sub-categories get more benefit over others. Therefore, in 1997 a Report by Justice Ramachandra Raju Commission affirmed the claims and a Government order implied the sub-classifications. And in 2000 the state of Andhra Pradesh even codified sub-classification under the Act Andhra Pradesh Scheduled Castes (Rationalisation of Reservations) Act, 2000. 

However, in 2004 the E.V.Chinnaiah vs State Of Andhra Pradesh And Ors, overruled the legislation citing it being unconstitutional as a state cannot take away the benefits of Reservation merely because of the fact that few communities get more or less benefit out of it.

The Mechanics of Sub-classification: How It Works in Practice

Sub-classification involves identifying distinct groups within the SC category based on a range of socio-economic indicators. These indicators may include:

• Economic Indicators: Poverty levels, land ownership, occupational status, and access to financial resources.
• Educational Indicators: Literacy rates, educational attainment, and access to educational institutions.
• Social Indicators: Social stigma, historical discrimination, access to basic amenities (housing, sanitation, healthcare), and representation in public services.

These are merely a few indicative factors. By carefully analyzing these indicators and an in-depth research on more relevant factors, the governments can create sub-categories and allocate a specific percentage of the overall SC reservation quota to each sub-category. This ensures a more equitable distribution of opportunities and resources.

Example: A state identifies three SC communities: X, Y, and Z. Data reveals that Community Z faces significantly higher levels of poverty, illiteracy, and social discrimination compared to X and Y. Through sub-classification, the state can allocate a larger portion of the SC reservation quota specifically for Community Z, providing them with a greater chance to access educational and employment opportunities.

Legal Basis and Judicial Pronouncements: The Legal Standing of Sub-classification

The legal foundation for sub-classification rests on the interpretation of Articles 14 (Equality before Law), 15 (Prohibition of Discrimination)  and 16 (Equality of Opportunity in matters of public employment) of the Indian Constitution. These articles permit reasonable classification to achieve substantive equality. The Supreme Court of India has played a pivotal role in shaping the legal understanding of sub-classification:  

• E.V. Chinnaiah v. State of Andhra Pradesh (2004): This initial judgment held that states lacked the power to sub-classify SCs and such action to classify the Reserved classes as unconstitutional.

Few observations by the court:

“The Constitution provides for declaration of certain castes and tribes as Scheduled Castes and Scheduled Tribes in terms of Articles 341 and 342 of the Constitution of India. The object…is to provide for grant of protection to the backward class of citizens who are specified in the Scheduled Castes Order and Scheduled Tribes Order having regard to the economic and educationally backwardness wherefrom they suffer. The President of India alone in terms of Article 341(1) of the Constitution of India is authorized to issue an appropriate notification therefore.”

• State of Punjab v. Davinder Singh and others (2020): A five-judge Constitution Bench overturned the Chinnaiah ruling, affirming the power of states to sub-classify SCs and STs. The Court emphasized that this power is crucial for achieving the true intent of reservations – to uplift the most marginalized. The court overruled the E.V. Chinnaiah judgement. The court also recognized the concept of the creamy layer citing judgements of Indra Sawheny and Jarnail Singh.

Few observations by the court:

“The State Government has the right to provide reservation in the fields of employment and education.   There is no constitutional bar to take further affirmative action as taken by the State Government in the cases to achieve the goal.”

“…it would be open to the State to provide   on   a   rational   basis   the   preferential   treatment   by   fixing reasonable   quota   out   of   reserved   seats   to   ensure   adequate representation in services.   Reservation is a very effective tool for emancipation of the oppressed class.  The benefit by and large is not percolating down to the neediest and poorest of the poor.”

“…the Court cannot be a silent spectator and shut (its) eyes  to   stark   realities.   The   constitutional   goal   of   social transformation   cannot   be   achieved   without   taking   into   account changing social realities.”

Challenges and Considerations: Navigating the Complexities

While sub-classification is a powerful tool for promoting social justice, its implementation is not without challenges:

• Potential for Further Fragmentation: Concerns exist that sub-classification could lead to further divisions within SCs, potentially creating new forms of inter-group competition and hindering collective action.
• Diminishing Benefits: Sub-classification would diminish the benefits for other sub-groups.
• Political Considerations: The process of sub-classification can become highly politicized, with different communities lobbying for inclusion or exclusion, potentially leading to social tensions.
• Constitutionality: Such sub-classification is unconstitutional and would infringe upon Parliamentary powers by giving powers to the State

Conclusion: A Balancing Act for Social Justice

The sub-classification of Scheduled Castes represents a complex but necessary effort to ensure that the benefits of affirmative action reach the most marginalized within these communities. While challenges remain, the legal framework established by the Supreme Court provides a crucial tool for states to address historical inequalities and promote a more equitable society. Further research and transparent data collection are crucial for effective implementation and minimizing potential negative consequences.

Relevant Resources:

• Ministry of Social Justice and Empowerment, Government of India: This Ministry is responsible for matters relating to SCs and STs. Their website may contain relevant information and reports. (https://socialjustice.gov.in/)
• National Commission for Scheduled Castes (NCSC): The NCSC is a constitutional body tasked with safeguarding the interests of SCs. Their website may provide insights into their recommendations and reports. (https://ncsc.nic.in/)

Note:

• This blog post is for informational purposes only and does not constitute legal advice.
• The specific laws and regulations may vary and are subject to change.
• It is always recommended to consult with a legal professional for personalized guidance on any legal matter.
• The examples provided are illustrative and may not reflect actual case scenarios.

Disclaimer: This blog post is for informational purposes only and should not be considered legal advice. If you are facing a legal issue, consult with a qualified attorney.

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