Recently, the Supreme Court held that States can sub-classify Scheduled Castes (SC) and Scheduled Tribes (ST) in the Central List.
Keytakeaways from Justice Arun Mishra’s judgement:
Reservation has created inequalities within the reserved castes itself.
Benefits of reservation are being used by a few.
Caste, occupation, and poverty are interwoven.
The State cannot be deprived of the power to take care of the qualitative and quantitative differences between different classes.
ST and SC in the Central List do not constitute a homogenous group.
Do you know?
The judgment is significant as it will provide the push to extend the creamy layer concept to the SC and ST.
In 2004, the Chinnaiah judgment had held that allowing the States to unilaterally make a class within a class of members of the SC would lead to changes in the Presidential list.
The issue has now been referred to a seven-judge Bench of the court.
Important value additions
The Central List of SC and ST are notified by the President under Articles 341 and 342 of the Constitution.
The consent of the Parliament is required to exclude or include castes in the List.
Thus, States cannot unilaterally add or pull out castes from the List.
The Supreme Court has reasoned that sub-classifications within the Presidential/Central List do not amount to changing it. No caste is excluded from the list.
