Supreme Court has approved quota within quota. A 7 judge bench of the Supreme Court said that now sub-classification of SCs is acceptable to provide separate quota for more backward people within SC categories. The court said that 100 percent reservation cannot be given to any sub-category.
A bench of 7 judges of the Supreme Court said that now sub-classification of Scheduled Castes, providing separate quota within quota for more backward people within Scheduled Caste categories will be acceptable.
The court said that now the state government can create sub-categories to benefit more needy people even among the backward people (Supreme Court on Sc ST Reservation).
100 percent reservation not approved
The Supreme Court also clarified in the order that while allowing sub-classification (sub category), the state cannot fix 100 percent reservation (SC ST reservation) for any sub-category. Also, the state has to justify the sub-classification on the basis of empirical data regarding inadequate representation of the sub-category.
A 7-judge bench of the Supreme Court by a 6:1 majority held that sub-classification of reserved categories i.e. SC/ST is permissible.
The CJI in his judgment cited historical evidence to hold that SCs are not a homogenous class. The sub-classification does not violate the principle of equality under Article 14 of the Constitution nor does it violate Article 341(2) of the Constitution. He said that there is nothing in Articles 15 and 16 that prevents the state from sub-classifying any caste. Justice Trivedi, in a dissenting judgment, said that in the absence of executive or legislative power, the states have no capacity to sub-classify castes. 2004 judgment rejected 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 is rejected that sub-classification of scheduled classes is unacceptable.
