New Delhi: In a landmark verdict, a seven-judge Constitution bench of the Supreme Court on Thursday allowed the sub-classification within Scheduled Caste and Scheduled Tribe categories to provide reservation in jobs and education for the more marginalised among backward communities, NDTV reported.
The court held that states are empowered to make this classification for granting quota in jobs and admissions, according to News18.
The bench led by Chief Justice of India DY Chandrachud, passed the verdict by a 6:1 majority, with Justice Bela Trivedi dissenting. Six separate judgments were written. Notably, the verdict overrules the 2004 judgment of a five-judge Constitution bench in the case of EV Chinnaiah vs State of Andhra Pradesh. The other judges on the bench were Justice BR Gavai, Justice Vikram Nath, Justice Pankaj Mithal, Justice Manoj Misra and Justice Satish Chandra Mishra.
During the hearing, the Centre had told the court that it was in favour of sub-classification in the Scheduled Caste and Scheduled Tribe categories. The Chief Justice had observed that there was a distinction between “sub-classification” and “sub-categorisation” and held that states may have to sub-categorise reserved category communities to ensure that benefits reach more backward groups, NDTV reported.
“There are six opinions. mine is for Justice Manoj Misra and me. A majority of us has overruled EV Chinnaiah (verdict) and we hold sub-classification is permitted. Justice Bela Trivedi has dissented,” he was quoted as saying.
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