Intra-group caste variances, equality and the Court’s gaze

Context:

The upcoming judgment by a seven-judge Bench of the Supreme Court of India in the case of State of Punjab vs Davinder Singh is poised to address a crucial legal question regarding affirmative action and reservations under the Constitution. The issue revolves around whether State governments have the authority to make sub-classifications within the Scheduled Castes (SC) and Scheduled Tribes (ST) categories in recruitment to public employment, raising concerns about encroachment on Parliament's exclusive domain.

Constitutional Principles and Equality:

• Equality: The core of the dispute revolves around the constitutional commitment to equality enshrined in Articles 14 to 16, which guarantee substantive equality and recognition of historical caste-based discrimination.
• Rectification of historical injustices: The principle of substantive equality requires proactive measures to rectify historical injustices, including reservations for marginalized groups, as affirmed by the Supreme Court in previous cases like State Of Kerala vs N.M. Thomas.
• Conflict: Any prohibition on sub-classification within SCs and STs, purportedly imposed by Article 341, would conflict with the broader constitutional mandate of achieving equality and rectifying historical injustices.

Implications and Legal Analysis:

• Determination: The upcoming Supreme Court judgment will determine whether sub-classifications within SCs and STs are constitutionally permissible, considering their necessity in addressing intra-group variances and ensuring effective affirmative action.
• Legality of the Punjab law's sub-classification hinges on whether it modifies the President's list of SCs, as delineated in Article 341, or merely accounts for inter se backwardness within the existing list.
• Far-reaching implications: The Court's decision will have far-reaching implications for the interpretation of constitutional provisions on reservations and the balance between state autonomy and parliamentary authority in matters of affirmative action.