Recently the Supreme Court of India has been dealing with an important debate concerning reservation for the Scheduled Castes ( SC ) & Scheduled Tribes ( ST ) , particulary regarding with the equitable distribution of reservation within these category. One of the major question consideration is whether relatively advanced and economically – better-off section within these categories should be excluded from reservation benefits through the application of ” creamy layer ” principle .
However it is important to clarify that no uniform income-based creamy layer rule for SCs & STs has introduced by Union Government so far, rather the issue is current subject of judicial and policy debate. The Center has opposed to OBC style ” creamy layer ” system principle to SC/ST reservation, arguing that SC/ST are rooted in historical discrimination and cannot be determined solely based on the basis of economic status.
Content:- SC/ST Reservation
- State can now make Sub-classification in SC & ST for Reservation in Admission and Government job : SC
- What are the changes in SC/ST reservation criteria ?
- “Does State Power to Sub-Classify SC/ST Communities Infringe upon the President’s Power under Article 341 and Article 342 of the Constitution?”
- What candidate Need to know about the New Develpoments in SC/ST Reservation ?
- What should candidate do ?
State can now make Sub – classification in SC & ST for Reservation in Admission and Government job : SC
YES, state can make now sub – classification in SC / ST Category through a Landmark judgement in State of Punjab & Others v. Davinder Singh & Others (2024) decided on 1 August 2024, a seven-judge Constitution Bench of the Supreme Court of India, by a 6:1 majority, held that States can make sub-classifications within the Scheduled Caste (SC) and Scheduled Tribe (ST) categories for the purpose of reservation. The constitutional basis of this decision primarily lies in Article 15(4) and Article 16(4) of the Constitution .
Article 15 (4) empowers state to make law for advancement of backward classes and make laws to uplift them in society . Article 16 (4) permits to state for reservation in public employment for backward classes that are not adequately represent in state service.
The Supreme Court held that these provisions permit the State to recognise different degrees of backwardness and inadequate representation within the SC/ST categories, provided that the sub-classification is based on relevant empirical and quantifiable data and has a rational connection with the objective of achieving substantive equality.
So, state provide reservation who already reserved in backward classes but they were not take benefits of reservation , that is why state make sub – classified category in SC / ST category so that they will take benefits of reservation in adequately .
What are the changes in SC/ST reservation Criteria ?
The major change in the SC/ST reservation framework is that, earlier, the reservation benefits were generally available to all communities included in the SC/ST category as a single reserved category. However, following the Supreme Court’s judgment in State of Punjab v. Davinder Singh (2024), States may make sub-classifications within the SC/ST categories for reservation in education and public employment.
This enables States to give greater reservation benefits to those sub-groups that have remained comparatively disadvantaged and have not been able to adequately access the benefits of reservation or achieve sufficient social, educational, economic, and political advancement. The objective is to ensure a more equitable distribution of reservation benefits and to prevent them from being disproportionately availed of by relatively better-represented sections within the SC/ST categories.
“Does State Power to Sub-Classify SC/ST Communities Infringe upon the President’s Power under Article 341 and Article 342 of the Constitution?”
No, State does not infringe the President’s power under Article 341 and Article 342 .
According to Indian Constitution Article 342 and Article 342 as below :-
Article (341) :- SCHEDULED CASTES –
(1) The President ( may with respect to any State or Union territory ), and where it is a State , after consultation with the Governer , by public notification, specify the castes, races or tribes or parts of or groups within castes, races and tribes which shall for the purpose of this constitution be deemed to be scheduled castes in relation to that states , ( or Union Territories , as the case may be ).
(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of
or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.
Article ( 342 ) :- SCHEDULED TRIBES –
(1) The President ( may with respect to any state or union territory ) , and where it is a state , after consultation with the Governer , by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities, which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State (or union territoy , as the case may be ).
(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community , but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.
This does not violate Articles 341 and 342, as States cannot alter the Presidential Lists of SCs and STs.
Under Article 341, the President specifies the Scheduled Castes, while Parliament can subsequently include or exclude communities from the list.
Similarly, Article 342 governs the identification of Scheduled Tribes.
However, States may create sub-categories among communities already included in the SC/ST Lists.
Such classification must be based on relevant empirical and quantifiable data and cannot be arbitrary.
The objective is to ensure that reservation benefits reach comparatively more disadvantaged communities.
Thus, the judgment seeks to balance the President’s constitutional power with the State’s duty to achieve substantive equality.
What candidate need to know about new development in Reservation ?
- Firstly, SC/ST candidates should understand that the Supreme Court judgment does not automatically change reservation rules in India.
- Yes, States may introduce sub-classification within SC/ST categories for education purpose and government employment and also Admissions .
- If implemented by a State, some SC/ST sub-groups may receive a separately identified share of reservation.
- Specially, government jobs, candidates must carefully check the reservation category mentioned in every recruitment notification.
- For Admissions, candidates should check the latest admission brochure and applicable State reservation rules.
- Sub-classification by States does not mean that an SC/ST candidate automatically loses your reservation benefits.
- Candidates should therefore wait for and follow the official notification implementing any sub-classification.
- Candidates should regularly check official recruitment portals, admission notifications and government orders for changes.
- Every Candidate need to understanding these developments can help SC/ST candidates identify the reservation benefits available to them and apply correctly for government jobs and educational admissions.
What should Candidate do ?
- Check the official notifications from government jobs and admission official website.
- Keep you valid SC/ST cast certificate ready and update as required.
- Check carefully the specific reservation category and sub-categorised in application form
- please, do not assume that Supreme Court Judgement automatically change reservation criteria.
- Follow official government website and notification for new implementation of sub classified categories.
- Do not rely on social media informative platform and unauthorised website’ information related to new reservation.
FAQs – SC/ST Reservation
1. Can SC/ST reservation be divided into different sub – categories?
yes, state can new sub – classified categories in SC/ST category.
2. Does the ” creamy layer ” concept now apply to SC/ ST candidates?
No, the ” creamy layer ” concept is not included in SC/ST Reservation Criteria .
3. Do these developments affect SC/ST student seeking admission ?
Yes, potentially, but the effect depends on whether the concerned State actually implements a valid sub-classification.
What is happening with SC/ST backlog vacanies ?
The Government has intensified efforts to fill long-pending SC/ST backlog vacancies in public-sector employment through reservation committees and special recruitment drives.