Justice BR Gavai, while reading the concurring opinion during the Supreme Court ruling in the SC/ST sub-classification matter, said the State must evolve a policy to identify creamy layer in these categories and “take them out of the fold of affirmative action (reservation)”.
“State must evolve a policy to identify creamy layer among the SC/ST category and take them out of the fold of affirmative action (reservation). This is the only way to gain true equality,” he said during the pronouncement of the order.
In a significant ruling, the top court ruled by majority that sub-classification within the scheduled castes and scheduled tribes is permissible. It held that states are empowered to make this classification for granting quota in jobs and admissions.
The bench delivered six separate judgments. Reading out his own, Justice Gavai said the basis of sub-classification in the SC/ST categories has to be justified by quantifiable and demonstrable data by states. “…It cannot act on its whims,” he said.
“The CJI has agreed to my conclusions. I have referred to speech of Dr Ambedkar in 1949 where he said unless we have social democracy there is no use of political democracy. I observe that this court in Indira Sawhney has held that sub-classification in more backward classes etc is permitted; in the same way, if state comes to a conclusion that a caste is not well represented then it is the duty of the state to give preferential treatment to backward classes and, if only a few enjoy benefits among SC/ST, then cannot the state step in? Yes, it can,” he added.
In the majority verdict, the SC said sub-classification is permissible inside the reserved category to uplift more underprivileged castes. The seven-judge constitution bench, headed by Chief Justice DY Chandrachud further observed that sub-classification of SCs and STs can be permitted to ensure grant of quota to more backward castes inside these groups.
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