Introduction

The Indian reservation system has been in existence since the enactment of the Indian Constitution in 1950. In this way, India has a long legacy of affirmative action initiatives aimed at improving the lives of marginalized groups, including women, tribal people, Scheduled Castes, Scheduled Tribes, and other economically and socially disadvantaged groups. There are always ongoing debates happening whether the benet of reservation provided by the Indian Constitution fulfills its objectives or not? Is the reservation provided to the Scheduled castes reaches to the end point? Why do some castes in the Scheduled category get advanced and why some lag behind in the race of development? To address these disparities, the Supreme Court finally approved the idea of sub categorisation by the respective states. The Supreme Court of India in review of Punjab and Haryana High Court Judgement in The Punjab Scheduled Castes and Backward Classes ( Reservation to Services Act ) 2006, delivered a landmark ruling that permits the state government to sub-classify within the Scheduled Castes (SCs) and Scheduled Tribes (STs), for the purposes of reservations in State educational Institutions and government jobs. 

In light of this ruling, states can make sure that less privileged and historically excluded SC/ST groups receive reservation advantages. States that have previously tried to implement separate reservations under the SC/ST categories, including Tamil Nadu, Punjab, Karnataka and Bihar, are expected to benefit from the verdict. Thus, after three days of exhaustive hearings, on 1 August 2024, a seven judge Constitution Bench of the Supreme Court, presided over by Chief Justice D.Y. Chandrachud, overturned the five-judge bench finding in E.V. Chinnaiah v. State of Andhra Pradesh (2004) and affirmed the legality of sub-classification in a 6:1 majority.

The Concept of Quota within Quota

Sub classification is the process of creating sub-groups within the existing reserved categories to ensure a more equitable distribution of reservation benefits, targeting the most backward or marginalized within these communities. The core idea of Sub categorisation primarily meant that some communities among marginalized groups have little or no access to basic amenities and reservation privileges. As a result, the more developed communities in the SCs continuously profit from the reservation provisions, overshadowing the demands of the less fortunate. Thus, for the upliftment of the weakest out of the weak, the state provides reservation within the reserved category commonly referred to as “quota within quota”. 

In his early writings, even Dr. B.R. Ambedkar underlined “graded inequality,” which holds that certain communities oppress other communities at every level of the caste system’s hierarchy. He remarked on the idea that “Even the low is a privileged class as compared with the lower.” With the acquisition of political power, educational improvement, and occupational change, some Scheduled Castes from the whole community experience upward mobility, while the rest communities get no or comparatively lesser share of the cake than what was required. 

Click Here To Download The Paper