Sub-classification of Scheduled Castes for quota: SC to consider in-chambers review of judgement
Supreme Court is scheduled to consider in-chambers on Tuesday a batch of pleas seeking review of its judgement which held that states are constitutionally empowered to make sub-classifications within the Scheduled Castes, which form a socially heterogeneous class, for granting reservation. As per the cause list, a seven-judge Constitution bench comprising Chief Justice D Y Chandrachud and Justices B R Gavai, Vikram Nath, Bela Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra Sharma is likely to take up the matter at 1.35 pm.
On August 1, the top court had held that states are constitutionally empowered to make sub-classifications 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.
The apex court, however, made it clear that states have to make sub-classification on the basis of «quantifiable and demonstrable data» of backwardness and representation in government jobs and not on «whims» and as a matter of "political expediency".
A seven-judge Constitution bench headed by Chief Justice Chandrachud, by a majority of 6:1, set aside the apex court's five-judge bench verdict of 2004 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.
Except for Justice Trivedi, the other five judges concurred with the findings of the CJI.
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