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In a landmark decision that could reshape India's affirmative action policies, the Supreme Court of India ruled that sub-classification within the Scheduled Castes (SCs) is permissible for granting separate quotas to more backward groups within the SC category. This historic judgment, delivered by a 7-judge bench, overturned the 2004 E.V. Chinnaiah judgment, which had prohibited sub-classification within the SCs. The court, however, clarified that the State cannot allocate 100% reservation for any sub-class and must justify the sub-classification with empirical data demonstrating the inadequate representation of the specific sub-group.
The Supreme Court's decision was based on the recognition that the SC community is not a homogenous group and that various sub-groups within the SCs face unique and historically-rooted forms of discrimination. The court held that sub-classification does not violate Articles 14 and 341(2) of the Constitution, which guarantee equality and define the process of identifying and notifying Scheduled Castes, respectively. This judgment paves the way for a more nuanced approach to affirmative action, potentially ensuring that benefits reach those who are most in need within the SC category.
The judgment also delved into the applicability of the 'creamy layer' principle, which excludes economically well-off individuals from the benefits of reservation, to the SC community. Justice B.R. Gavai, in his concurring judgment, argued that the state should implement a policy to identify and remove the creamy layer from the SC category as well, emphasizing the need for genuine equality. This aspect of the judgment highlights a growing awareness within the Indian legal system about the need to address the complexities of affirmative action and ensure that its benefits are effectively targeted towards those who truly require them.