Why is it in the News?

In an election rally in Telangana, Prime Minister Narendra Modi promised to look into the sub-categorisation of Scheduled Castes (SCs) to identify and help the most backward among them.

Context:

• During an election rally in Telangana, Prime Minister Narendra Modi pledged to examine the sub-categorization of Scheduled Castes (SCs) to identify and support the most backward among them.
• This move is perceived as the Bharatiya Janata Party (BJP) aiming to attract the Madiga community.
• The Madigas, the largest among all SC communities in the State, have asserted that another SC community, the Malas, is occupying their rightful share of representation.

Is Sub-categorisation within Castes legal?

• Historical Context: The issue arose in 1996 when the Andhra Pradesh government formed a one-man Commission under Justice Ramachandra Raju.
• The Commission recommended sub-categorization of SCs in the state based on evidence of varying backwardness and representation among communities.
• The attempt to implement this recommendation led to legal challenges, reaching the Supreme Court in 2004.
• The Supreme Court then ruled that states lack the power to unilaterally sub-categorize communities in the SCs or Scheduled Tribes (STs) list.
• Legality of Sub-categorization: Over the past two decades, states like Punjab, Bihar, and Tamil Nadu have attempted to enact reservation laws at the state level for sub-categorizing SCs.
• Legal proceedings have ensued, with the Supreme Court establishing a larger Constitution Bench to make a decision on the matter.
• Contradictory Judgments: In a 2020 judgment, a five-judge Bench, led by Justice Arun Mishra, stated that deciding on the benefits in the SCs/STs lists would not be considered "tinkering," and states could proceed.
• This contradicts the 2004 Supreme Court ruling and has led to the 2020 judgment being referred to a larger Bench for clarification.

What is the Union Government’s Stand?

• The Union government established a National Commission to investigate the sub-categorization of Scheduled Castes (SCs) in Andhra Pradesh.
• The Cabinet at that time proposed an amendment to Article 341 of the Constitution of India to facilitate sub-categorization.
• Both the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST) expressed the view that a constitutional amendment was unnecessary.
• They pointed out that Article 16(4) of the Constitution already empowered states to formulate special laws for any backward classes they deemed under-represented.

Arguments in favour of Sub-Categorization within SCs:

• From the Justice Raju Commission to the National Commission, the principal argument for sub-categorisation of SCs has been the graded inequalities among SC communities.
• The Justice Raju Commission was formed by the Andhra Pradesh state government in 1996 to look into the matter.
• The thrust of it has been that even among the marginalised, there are communities that have lesser access to basic facilities.
• As a result, the relatively more forward communities among them have managed to avail benefits consistently while crowding the more backward ones out.
• The solution, therefore is to sub-categorise the communities and provide separate reservations to the more backward communities within the reservation meant for SCs.

Arguments Against Sub-Categorisation within SCs:

• Both the SC and ST Commissions have noted that allotting separate reservations within the categories would not really address the root cause of the problem.
• In an internal note prepared by the NCST, it explained that the most backward SCs are lagging so far behind forward SC communities that a separate quota would not help.
• It said that the idea was to ensure representation at all levels.
• But given the disparity, even if posts were reserved at higher levels, these most backward SCs would not have enough candidates to be considered for it in the first place.
• Both the NCSC and the NCST had thus recommended that existing schemes and government benefits should first reach these sections before any sub-categorisation.

Legal experts emphasize the crucial need for substantial data to substantiate the sub-categorization initiative. But what is primarily needed is concrete population numbers of each community and sub-community and their respective socio-economic data, which are the only thing that can provide a reasonable ground to decide how castes can be categorised, how much percentage should be given, etc.

National Commission for Scheduled Castes:

• The National Commission for Scheduled Castes is a constitutional body established with a view to providing safeguards against the exploitation of Scheduled Castes and Anglo-Indian communities to promote and protect their social, educational, economic, and cultural interests, special provisions were made in the Constitution.
• Article 338 of the Indian constitution deals with National Commission for Scheduled Castes.
• Historical Evolution:
• Initially, Article 338 of the Constitution provided for the appointment of a Special Officer, known as the Commissioner for Scheduled Castes and Scheduled Tribes.
• 65th Amendment Act, 1990 replaced the single-member system with the establishment of a multi-member National Commission for Scheduled Castes (SC) and Scheduled Tribes (ST).
• The 89th Amendment Act, 2003 resulted in the creation of two separate commissions in 2004:
• National Commission for Scheduled Castes (NCSC)
• National Commission for Scheduled Tribes (NCST)

Composition:

• The NCSC comprises a Chairperson, a Vice-Chairperson, and three additional Members, appointed by the President through a warrant under his hand and seal.
• The President of India also determines their conditions of service and tenure of office.

Functions:

• The NCSC is entrusted with several key responsibilities, including:
• Investigating and monitoring matters related to constitutional and legal safeguards for the SCs.
• Inquiring into specific complaints regarding the deprivation of rights and safeguards of the SCs.
• Participating in and advising on the planning process for the socioeconomic development of the SCs.
• Evaluating the progress of SC development under the Union or a state.
• Presenting annual reports to the President on the functioning of these safeguards.
• Making recommendations for effective implementation of safeguards and other measures for the protection, welfare, and socioeconomic development of the SCs.
• Evolution of Responsibilities:
• Until 2018, the NCSC also addressed similar functions concerning the Other Backward Classes (OBCs).
• However, the 102nd Amendment Act, 2018, relieved the commission of this responsibility.

National Commission for Scheduled Tribes:

• It was formed in 2004 by amending Article 338 and introducing Article 338A through the 89th Constitution Amendment Act, making it a constitutional body.
• Objective:
• Article 338A empowers the NCST to oversee the implementation of safeguards for Scheduled Tribes (STs) under the Constitution, prevailing laws, and government orders, and to assess the effectiveness of these safeguards.
• Composition:
• Comprises a Chairperson, a Vice-Chairperson, and three Members appointed by the President through warrant.
• Mandated that at least one Member must be a woman.
• Term of office for the Chairperson, Vice-Chairperson, and Members is three years.
• Chairperson holds the rank of Union Cabinet Minister, Vice-Chairperson as Minister of State, and other Members as Secretary to the Government of India.
• Members are ineligible for appointments beyond two terms.
• Duties and Functions:
• Investigation and Monitoring: Examine and monitor all matters concerning safeguards for STs under the Constitution, existing laws, and government orders.
• Complaint Inquiry: Investigate specific complaints regarding the denial of rights and safeguards for STs.
• Advisory Role: Participate and advise in the planning of socio-economic development for STs, evaluating their progress.
• Annual Reports: Submit annual reports on the operation of safeguards to the President, including necessary recommendations.
• Presidential Rule: The President, following parliamentary laws, may assign additional functions related to the protection, welfare, development, and advancement of STs.