Sub-classification of SC and ST

Why in News?

The Supreme Court sought a report from the Centre on what action had been taken in pursuance of its judgment, which allowed sub-classification of Scheduled Castes for the purpose of reservation and said that creamy layer principle be extended to the category.

What is the background of the SC/ST sub-classification verdict?

• E.V. Chinnaiah v. State of Andhra Pradesh, 2004 – The SC ruled that SCs constituted a homogeneous group under Article 341, and states cannot sub-classify them for reservation benefits.
• This meant all SCs had equal claim to reservation, regardless of internal disparities.
• State of Punjab & Others v. Davinder Singh & Others, 2024 – The SC overruled the 2004 judgment and upheld the validity of sub-classification within SCs/STs for reservation.
• Now, the Supreme Court asked the Centre to file an action-taken report on how it plans to implement sub-classification and creamy layer exclusion.

What are the constitutional provisions for the protection of SCs and STs?

What is the Presidential List of Scheduled Castes?

• Presidential List of Scheduled Castes – It is a state-specific, legally defined list of historically marginalized communities designated for affirmative action, authorized under Article 341 of the Indian Constitution.
• Authority – Initially notified in 1950, the President specifies the castes/races, and Parliament may modify/update the list.
• State-Specific – The SC status is determined on a state-by-state basis & a caste notified as SC in one state may not be a SC in another state.
• No community has been specified as SC in Arunachal Pradesh and Nagaland, and Andaman & Nicobar Islands and Lakshadweep
• Religion Restriction – Generally, only those professing Hindu, Sikh, or Buddhist religions are deemed to be members of a Scheduled Caste, as per the Constitution (Scheduled Castes) Order, 1950.
• Ongoing Debate (2024-2026) – The exclusion of Dalit Christians and Dalit Muslims is currently one of the most significant "active" legal questions in India.
• Religious restriction for ST – It does not apply to STs, A person belonging to a ST can profess any religion (including Christianity or Islam) and still retain their ST status.

To know about Inclusion/Exclusion from SC/ST List, click here

How sub-categorisation and creamy layer works in India?

• Sub-categorisation – A process of creating sub-groups within the existing categories for granting separate quotas for those who are more backwards among the communities in the Scheduled caste.
• Need – It aims to address the intra-category inequalities and ensure a more equitable distribution of benefits and opportunities among the most deprived and marginalised sections of society.
• In India – It is currently followed for OBCs.
• Creamy Layer (CL) – It refers to relatively affluent and better-educated members of a community, they are excluded from reservation benefits in government jobs and educational institutions.
• The term ‘Creamy Layer’ was introduced by the Sattanathan Commission in 1971.
• In India – It was stressed by Supreme Court in Indra Sawhney Case of 1992 to introduce the concept of ‘Creamy layer’ while providing reservation for OBCs.
• In 1993, Ram Nandan committee was constituted to identify creamy layer among OBCs.
• Income criteria for CL in Backward Class – Rs.8 Lakh.

What are the ‘doctrine of equality’ and ‘doctrine of classification’?

• Equality is the rule; classification is the exception.

What are the challenges in implementation ?

• Constitutional issue – States did not have the power to change the Presidential List of Scheduled Castes.
• Different socio-economic states – Same sub-caste will be at different socio- economic position in different states and there will be confusion in state classification in central list.
• Deciding the criteria – Difficulties in finding the rational principle for sub classification.
• Lack of caste Survey – A quantifiable and demonstrable data is needed for providing more preferential treatment to a comparatively more downtrodden group within the class.
• Vote bank politics – It can lead to exploitation by political parties.
• False exclusion – Exclusion of deserving members of the dominant community from the benefit.
• Rigidity of caste system – Sub classifying the caste may strengthen caste hierarchy system.
• Weak certification system – Possibilities of obtaining non creamy layer certificates through fraudulent means.
• Social vs Economic backwardness – Special treatment is given to the Scheduled Caste because of the social injustice of untouchability that they have suffered through ages.
• Economic backwardness is temporary deprivation whereas the social backwardness is due to historical subjugation.

What is lies ahead?

• Ensure that the existing schemes & government benefits first reach these sections before any sub-categorisation as recommended by NCSC and NCST.
• Prevent the politicization of the issue.
• Conduct caste census to have concrete data to support sub-categorization.
• Ensure that the sub categorization does not affect the communal harmony among the community.
• Make special measures to identify the deprived in the excluded communities.

To know more about Sub-Categorisation of SCs, click here

References

1. Indian Express | SC seeks Centre’s report on action taken on its SC/ST sub-classification verdict
2. Law Bhoomi | Doctrine of Reasonable Classification