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On the sub-categorisation within castes

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On the sub-categorisation within castes

  • Recently, the Prime Minister promised to explore sub-categorization of Scheduled Castes (SCs) to identify and help the most backward.

Legal Background

  • Various states, including Punjab, Bihar, and Tamil Nadu, have attempted to implement reservation laws for sub-categorization of SCs, but these efforts are held up in courts.
  • The Supreme Court, in a 2004 judgement, asserted that only Parliament has the authority to create and notify lists of SCs and Scheduled Tribes (STs).
  • The Constitution has provided that these lists can only be made by Parliament and notified by the President.

Contradictory Views

  • However, a 2020 judgement suggested that states could decide on the quantum of benefits within the already notified lists of SCs/STs.
  • This led to a contradiction and the reference of the matter to a larger Bench.

Government Initiatives

  • The 2004 SC judgement pushed the Union government to explore legal options for the sub-categorisation of SCs.
  • In 2005, the Attorney-General of India (AGI) had opined that it was possible to sub-categorise SCs.
    • Any such classification could be allowed only if there was “unimpeachable evidence to indicate a necessity” for it.
  • This sub-categorization was possible through a constitutional amendment.
  • However, the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST) disagreed.
  • They stated that Article 16(4) already allows states to create special laws for under-represented backward classes.

Arguments for Sub-Categorization

  • Graded inequalities among SC communities: More forward communities tend to benefit more, leaving the more backward ones underrepresented.
  • It would ensure fair representation for the most backward communities within the larger SC category.

Counter Arguments for Sub-Categorization

  • SC and ST Commissions contend that separate reservations within categories might not address the root cause.
  • They suggest that existing schemes and government benefits should reach the most backward sections before considering sub-categorization.

Challenges

  • Legal experts emphasise the need for concrete data supporting sub-categorization, including population numbers and socio-economic data for each community.
  • Without this data, determining how castes can be categorised and deciding on appropriate percentages remains challenging.

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