Supreme Court's Sub-Classification Ruling: Reverse the Decision, Urges Mayawati, Calls for Legislative Action to Protect Reservation System

Lucknow- BSP Chief and former Uttar Pradesh Chief Minister Mayawati criticized the Supreme Court’s recent ruling on reservation for Scheduled Castes (SC) and Scheduled Tribes (ST) during a press conference on Sunday. This judgment, delivered by a seven-judge constitutional bench on August 1, recognizes the sub-classification of SC and ST categories, a development Mayawati and her party firmly oppose.

Addressing the press, the Bahujan leader said, "The Supreme Court’s decision in the case of Davinder Singh vs. State of Punjab now allows state governments to create sub-classifications within the SC and ST lists for reservation purposes. This decision will lead to numerous problems."

"The Supreme Court has overturned its previous decision from August 2004, which had been delivered by a bench of five judges. In that decision, the Court had denied the recognition of sub-classifications within SCs and STs, stating that these groups should be considered as a single homogeneous category. The 2004 verdict emphasized that the suffering endured by SCs and STs was collective, and any internal sub-classification would be inappropriate. The Court had also stated that any form of sub-classification within these categories would contradict the fundamental spirit of the Indian Constitution."

Mayawati said in the conference, “In its 2004 decision, the Supreme Court annulled the Andhra Pradesh Scheduled Castes (Reservation Rationalization) Act 2000, which attempted to create sub-categories within SCs. The Court found that such sub-classifications would violate the right to equality and lead to differential treatment within the SC and ST categories. The Court’s earlier ruling condemned any attempt at sub-classification as unconstitutional and detrimental to equality.”*

She continued, "The new decision of August 1, 2024, will likely create differences between the central and state governments. Previously, only Parliament had the power to include or exclude any caste from the SC and ST lists, a power exercised by Presidential orders. However, the recent ruling allows state governments to create their own sub-classifications, which may be used to benefit particular groups for political reasons. This could ultimately result in SCs and STs being deprived of their reservation benefits and lead to the reservation quotas being redistributed to general categories.”

She also added, that the Supreme Court’s ruling lacks clarity on how the 'creamy layer' within SCs and STs will be determined. This lack of definition gives state governments undue political leverage to decide who should receive reservation benefits, potentially leading to significant discrepancies.”

Mayawati also criticized the BJP, Congress, and the Samajwadi Party for their positions on reservation. She alleged that these parties have consistently opposed the reservation system for SCs and STs and accused them of attempting to weaken or eliminate reservation provisions through legal and political means.

In her appeal, Mayawati urged the Supreme Court to reconsider its August 1 decision and take into account the potential negative impacts on SC and ST communities.

She called for an amendment to the Constitution in the current Parliament session to prohibit sub-classification and ensure that SCs and STs are recognized as a unified group eligible for reservation.

Mayawati concluded by emphasizing the need for SC and ST communities to unite and exert pressure on political parties to protect their constitutional rights. She also urged the central government to act quickly to reverse the Supreme Court’s decision through legislative changes, ensuring that the reservation system remains intact and effective.