Reservation Within Reservation: A Constitutional And Judicial Perspective On Sub-Classification In India
- IJLLR Journal
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Dr. Ravinder Kaur, Assistant Professor, Department of Law, Central University of Punjab, Bathinda, Punjab
Atul Kumar Kharwar, Research Scholar, Department of Law, Central University of Punjab, Bathinda, Punjab
ABSTRACT
India’s reservation system aims to promote social justice and redress historic exclusion by providing affirmative action to socially and educationally disadvantaged groups, as enshrined in Articles 15(4), 16(4), and 46 of the Constitution. The principle of affirmative action in India, rooted in the Constitution, aims to address the historical discrimination and socio- economic marginalisation of communities such as the Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). However, persistent disparities within these broad groups have led to the emergence of a demand for sub-classification allocating sub-quotas for the most disadvantaged sub-groups within the larger reserved categories to ensure more targeted and equitable social justice.
The judgment in Indra Sawhney v. Union of India (1992) first brought into focus the heterogeneity within OBCs; the Court held that exclusion of the “creamy layer” is constitutionally mandated, creating de facto sub- classification within OBCs for more targeted benefits. Moreover, the SC’s 2018 decision in Jarnail Singh v. Lacchmi Narain Gupta (2018) permitted sub-classification within the SC category by recognising the ‘creamy layer’ concept. On 1 August 2024, in State of Punjab v. Davinder Singh the Supreme Court upheld the validity of sub-classification within the Scheduled Caste and Scheduled Tribe Categories by 6:1 majority. This research paper mainly highlights the concept of “reservation within reservation,” focusing on the constitutional and judicial perspectives of sub-classification among reserved categories in India. The paper makes an analysis of the Supreme Court’s ruling on the State of Punjab v. Davinder Singh Case.
Keywords: Reservation, Sub-classification, Affirmative action, Scheduled Castes, Judiciary, Scheduled Tribes, Other Backward Classes.
