SUPREME COURT OF INDIA
DR. DHANANJAYA Y. CHANDRACHUD, CJI., MANOJ MISRA, B.R. GAVAI, VIKRAM NATH, BELA M. TRIVEDI, PANKAJ MITHAL AND SATISH CHANDRA SHARMA, JJ.
The State of Punjab & Ors. – Appellants
Versus
Davinder Singh & Ors. – Respondents
Civil Appeal No. 2317 of 2011 With C.A. No.6936 of 2015 With C.A. No.5597 of 2010 With W.P.(C) No. 21 of 2023 With C.A. No.5593 of 2010 With S.L.P.(C) No.30766 of 2010 With S.L.P.(C) No. 8701 of 2011 With S.L.P.(C) Nos.36500-36501 of 2011 With T.C.(C) No.38 of 2011 With T.P.(C) No.464 of 2015 With W.P.(C) No.1477 of 2019 With C.A. No.5586 of 2010 With C.A. No.5598 of 2010 With C.A. Nos. 5595-5596 of 2010 With C.A. No.2324 of 2011 With T.C.(C) No.37 of 2011 With C.A. No.5589 of 2010 With C.A. No.5600 of 2010 With C.A. No.5587 of 2010 With S.L.P.(C) Nos.5454-5459 of 2011 With C.A. No.2318 of 2011 With C.A. No.289 of 2014 And With W.P.(C) No.562 of 2022
Decided On : 01-08-2024
The judgment addresses challenges to state laws that sub-classify Scheduled Castes for reservation purposes, examining constitutional permissibility under Articles 14, 15, and 16, and whether such sub-classification violates Article 341(2) by altering the Presidential List (!) .
The case involves multiple appeals and writ petitions from states like Punjab, Haryana, and Tamil Nadu, questioning the validity of sub-classification within Scheduled Castes for affirmative action in education and public employment (!) .
Historical context traces "Scheduled Castes" from "depressed classes" under the 1935 Act, emphasizing untouchability and social disabilities as the basis for identification, with varying degrees of discrimination across regions (!) .
The 1936 Order and 1950 Order under Articles 341 and 342 specify castes, races, or tribes as Scheduled Castes, forming the basis for reservations, with Parliament alone empowered to modify the lists (!) .
Article 341 creates a deeming fiction where notified castes are regarded as Scheduled Castes for constitutional purposes, but does not imply homogeneity; sub-classification is permissible if it addresses inter-se backwardness without excluding any group (!) .
Sub-classification under Articles 15(4) and 16(4) is allowed if based on intelligible differentia like social backwardness and inadequate representation, aligning with substantive equality (!) .
The Court overrules prior precedent holding sub-classification impermissible, affirming that Scheduled Castes are heterogeneous, allowing states to provide preferential treatment to more backward sub-groups (!) .
Historical evidence from censuses and reports shows Scheduled Castes suffer varying degrees of untouchability and social exclusion, justifying sub-classification for equitable distribution of benefits (!) .
Empirical studies indicate intra-group discrimination within Scheduled Castes, such as denial of access to shared resources among sub-castes, supporting the need for targeted affirmative action (!) .
States can sub-classify if data shows inadequate representation of certain sub-groups, but must ensure no total exclusion from benefits, using models like preference or exclusive quotas within limits (!) .
Judicial review requires states to provide quantifiable data on backwardness and representation; sub-classification must not breach the 50% reservation ceiling or perpetuate inequality (!) .
Article 335 mandates considering Scheduled Castes' claims in services while maintaining efficiency, interpreted as promoting inclusion rather than limiting reservations (!) .
The creamy layer principle applies to Scheduled Castes and Tribes to exclude advanced members, ensuring benefits reach the truly disadvantaged, without altering the Presidential List (!) .
Sub-classification advances substantive equality by addressing intra-group disparities, but must be evidence-based to avoid arbitrariness (!) .
JUDGMENT :
Dr Dhananjaya Y Chandrachud, CJI.
| A. Background |
| i. Relevant constitutional provisions |
| ii. The genesis of the reference to the Constitution Bench |
| iii. The judgment in Chinnaiah |
| iv. The reference |
| B. Submissions |
| i. Submissions of Petitioners |
| ii. Submissions of Respondents |
| C. Issues |
| D. Analysis |
| i. The jurisprudence on reservation |
| a. Reservation as an exposition of substantive equality |
| I. The competing visions of equality |
| II. The “efficiency” of reservation |
| III. The interplay of Article 16 and Article 335 |
| ii. Permissibility of sub-classification under Article 14 |
| a. The contours of Article 14 |
| b. Sub-classification as a facet of equality |
| c. Micro-classification: the limits of sub-classification |
| iii. Sub-classification in reservations: tracing the journey through Balaji, Vasanth Kumar and Indra Sawhney |
| a. Indra Sawhney did not exclude sub-classification within the Scheduled Castes 69 |
| iv. The import of the deeming fiction in Article 341 |
| a. Chinnaiah on the deeming fiction in Article 341 |
| b. Scope of deeming fiction |
| c. Article 341 does not create a deeming fiction |
| d. Article 341(1) read with Article 341(2) only proscribes exclusion from and inclusion in the Scheduled Castes List |
| v. Historical and empirical evidence of inter-se backwardness within the Scheduled Castes |
| a. Identification of the depressed classes |
| b. Empirical evidence of heterogeneity |
| vi. The power of the State to sub-classify under Articles 15 and 16 |
| vii. Criteria for sub-classification |
| a. The meaning of “Backward Class” |
| b. Inadequacy of representation in services of the State |
| c. The requirement of “effective” representation |
| d. Yardstick for sub-classification |
| viii. The limits of sub-classification |
| a. Model of special provisions |
| b. The caste-class conundrum |
| ix. Scope for judicial review |
| a. Inter-se backwardness |
| b. Adequacy of representation |
| E. Conclusion |
1. The reference to this Constitution Bench raises significant questions relating to the right to equal opportunity guaranteed by the Constitution. The principal issue is whether sub-classification of the Scheduled Castes for reservation is constitutionally permissible.
A. Background
i. Relevant constitutional provisions
2. Article 14 of the Constitution stipulates that the State shall not deny to any person equality before the law or the equal protection of laws within the territory of India. Article 15(1) states that the State should not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. Article 15(4) stipulates that nothing in Article 15 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. 1[Article 15 (4) “Nothing in this article or in clause (2) of Article 29 shall prevent the State form making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.”]
3. Article 16 deals with equality of opportunity in matters of public employment. Clause (1) of Article 16 guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. Clause (2) stipulates that no citizen shall be discriminated in or be ineligible for any employment or office under the State on the grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them. Clause (4) of the provision states that nothing in Article 16 shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens, which in the opinion of the State, is not adequately represent
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