The Supreme
Court, examining whether states can sub-classify scheduled castes and scheduled
tribes for grant of quota inside quota, on Wednesday said all SCs and STs may
not be homogenous in terms of their sociological, economic, education and
social status.
"They (SCs
and STs) may be a class for a certain purpose. But, they may not be a class for
all the purposes," a seven-judge constitution bench headed by Chief
Justice DY Chandrachud observed while hearing as many as 23 petitions on the
issue.
The top court is
hearing references to revisit a five-judge constitution bench judgement of 2004
in the case of 'EV Chinnaiah vs. State of Andhra Pradesh' in which it was held
that SCs and STs are homogenous groups and hence, states cannot further
sub-classify inside SCs and STs to grant quota inside quota for more deprived
and weaker castes in these groups.
"Therefore,
there is homogeneity in the sense that each one of them belongs to the
scheduled castes. But your argument is that there is no homogeneity either in
terms of the sociological profile, economic development, social advancement,
education advancement.
"There is
heterogeneity in terms of past occupation... social status and other indicators
may be different for different castes inside the Scheduled Castes. So, the
degree of social and economic backwardness may vary from from one person or
caste to another," said the bench also comprising justices B R Gavai,
Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra
Mishra.
Solicitor General
Tushar Mehta, appearing for the Centre, opposed the findings of the Chinnaiah
judgement and said it disempowered the State to frame appropriate policy by
sub-classifying the zone of reservation appropriately and diminishes the
constitutional guarantee of equality of opportunity.
"The central
government is committed to the declared policy of reservation for backward
classes as a measure of affirmative action to bring equality to those who have
suffered hundreds of years of discrimination," he said.
At the outset of
the second day proceedings, senior advocate Kapil Sibal argued in favour of the
states being empowered to sub-classify SCs and STs to ensure substantive
equality among the deprived classes.