Why is it in the News?

A seven-judge constitution bench headed by Chief Justice of India D Y Chandrachud will start to hear the case on the sub-categorisation among Scheduled Castes (SCs) from next week.

News Summary:

• The Union government has established a five-member committee of Secretaries, led by the Cabinet Secretary.
• The committee is tasked with evaluating and devising an equitable approach for the distribution of benefits, programs, and initiatives to the most disadvantaged communities among the 1,200 Scheduled Castes across the nation.
  • These communities have often been overshadowed by relatively more advanced and dominant ones.

Key aspects of the committee include:

• Purpose: The committee will focus solely on strategies such as special initiatives and directing existing schemes toward marginalized communities.
• Mandate: It strictly refrains from delving into matters of reservation or determining the SC quota for employment and education, as these issues are considered sub-judice.
• Composition: The committee comprises Secretaries from the Home Ministry, Law Ministry, Tribal Affairs Ministry, and Social Justice Ministry.

About Schedule Caste (SC):

• Scheduled castes are those castes/races in the country that suffer from extreme social, educational and economic backwardness arising out of the age-old practice of untouchability and certain others on account of lack of infrastructure facilities and geographical isolation, and who need special consideration for safeguarding their interests and for their accelerated socio-economic development.
• These communities were notified as Scheduled Castes as per provisions contained in Clause 1 of Article 341 of the Constitution.
• Article 341 of the Indian Constitution grants the President the authority to declare certain castes and classes as Scheduled Castes in a state or union territory.
  • It also empowers Parliament to include or exclude any caste or tribe from this list.
• Article 342 of the Constitution defines "Scheduled Castes" as castes, races, tribes, or parts of, or groups within such castes, races, or tribes as deemed under Article 341.

What is the Sub Categorisation of Caste?

• Sub Categorisation of Caste involves the additional classification of broader caste groups into sub-groups, considering various criteria.
• The call for Caste Sub-Categorization has emerged as certain castes and communities aim for acknowledgement and specific privileges based on distinctive characteristics, historical backgrounds, or socio-economic status.
• This approach aims to acknowledge and address the diversity within larger caste groups, targeting specific sub-groups perceived as socially and economically disadvantaged for more tailored benefits.

The Legal Aspect of Caste Sub-Categorization:

• Over the past two decades, several states, including Punjab, Bihar, and Tamil Nadu, have attempted to introduce state-level reservation laws to sub-categorize Scheduled Castes (SCs).
  • However, all these plans are currently stuck in the courts as the Supreme Court forms a larger Constitution Bench to make a decision.
• E. V. Chinnaiah v State of Andhra Pradesh (2004): In this case, the apex court determined that once a community is included in the Presidential List for Scheduled Castes under Article 341 of the Constitution, they become part of a single, larger class of people for reservation purposes.
  • The Bench emphasised that the state lacked the legislative power to create sub-classifications within this single class, as it would violate the Right to Equality.
  • According to the Constitution, only Parliament can make these lists, and the President can notify them.
• In 2020, another Supreme Court bench, consisting of five members, in the Davinder Singh case unanimously declared that sub-categorization is constitutionally valid and suggested that a larger constitutional bench rule on the matter.

Sub-Categorization of Scheduled Castes (SCs):

• In the Telangana Assembly election, PM Modi pledged to address the demand for sub-categorization of Scheduled Castes (SCs).
  • The Madiga community, the most populous among SC communities in Telangana, raised this concern, asserting that their representation share was being overshadowed by another SC community, the Malas.
• Since 1994, the Madiga community has advocated for the sub-categorization of SCs, leading to the establishment of the Justice P. Ramachandra Raju Commission in 1996 and a National Commission in 2007.
  • Both commissions concluded that there are potential ways to resolve this issue.
• Currently, a seven-judge Constitution Bench of the Supreme Court is gearing up to commence hearings on this matter.
  • The Supreme Court will determine whether sub-categorization among SCs and Scheduled Tribes is permissible.
  • The focus of the hearing is on the constitutionality of sub-categorization among SCs for breaking up reservations in jobs and education set aside for them.
• Simultaneously, the government panel will explore "other ways to address their grievances.

Debate Over Sub-Categorization within SCs:

• Supporting Arguments: One key argument favouring the sub-categorization of Scheduled Castes (SCs) revolves around the existing disparities among these communities.
  • The contention is that graded inequalities persist, with certain SC communities having limited access to essential facilities.
  • Consequently, the more forward communities within the SCs tend to consistently benefit, potentially sidelining the more backward ones.
  • To address this, proponents argue for sub-categorization, providing separate reservations for the more disadvantaged communities within the broader SC category.
• Opposing Perspectives: Arguments against sub-categorization assert that allocating separate reservations within these categories might not effectively tackle the root cause of the issue.
  • Critics argue that the primary aim of sub-categorization was to ensure representation at all levels.
  • However, even if reserved positions are available at higher levels, the most backward SCs may lack sufficient candidates to be considered.
  • Therefore, it is suggested that existing government schemes and benefits should first reach these underserved sections before contemplating sub-categorization.
• Additionally, legal experts emphasize the importance of concrete data to support sub-categorization.
• They highlight the need for a comprehensive caste census, encompassing each community and sub-community along with their socio-economic data.
• According to these experts, a caste census provides the empirical basis required for the government to justify sub-categorization, determining the specific additional share of benefits needed by each community.

What is the Union Government’s Stand?

• In 2005, the Union government explored the legal aspects of sub-categorization within Scheduled Castes (SCs).
• The then Attorney General of India suggested that this could be a viable option only if unquestionable evidence indicated its necessity.
• During this period, both the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST) expressed the view that a constitutional amendment might not be essential.
• They pointed out that Article 16(4) of the Constitution already empowered states to formulate special laws for any backward classes deemed under-represented.
• Furthermore, they emphasized the urgency of ensuring the prioritized implementation of existing schemes and benefits rather than merely allocating a quota within the existing quota.