States can sub-classify SCs to grant quota: SC

New Delhi, NT Bureau: In a landmark verdict, the Supreme Court on Thursday held that states are constitutionally empowered to make subclassifications within the Scheduled Castes, which form a socially heterogeneous class, for granting reservation for the uplift of castes that are socially and educationally more backward.

Court's ruling is 'historic', and the major obstacle in the implementation of internal reservation has been removed, thanks to the verdict. —CM Siddaramaiah

A seven-judge constitution bench headed by Chief Justice D Y Chandrachud, by a majority of 6:1, set aside the apex court's fivejudge bench verdict of 2014 in the EV Chinnaiah vs State of Andhra Pradesh case which had held that no sub-classification of Scheduled Castes (SCs) can be allowed as they are a homogeneous class in themselves.

"The State in exercise of its power under Articles 15 (non-discrimination against any citizen on grounds of religion, race, caste, sex, place of birth) and 16 (equality of opportunity in public employment) of the Constitution is free to identify the different degrees of social backwardness and provide special provisions (such as reservation) to achieve the specific degree of harm identified," held the CJI.

• SC overrules 2004 judgment of five-judge bench in EV Chinnaiah case.
• SC says Article 14 permits sub-classification of class which is not similarly situated.
• Top court says historical and empirical evidence demonstrates that SCs are a socially heterogenous class.
• SC says states must collect data on inadequacy of representation.
• Top court bats for exclusion of creamy layer even from Scheduled Castes.
• Dissenting judge says states cannot vary Presidential List and tinker with Article 341 to provide reservation.