<p>Haryana CM Nayab Saini announced on Friday that the Supreme Court Order of Sub Category within scheduled castes would be implemented immediately. In a significant move ahead of the state assembly polls, Haryana Chief Minister Nayab Singh Saini had announced that the state cabinet approved the Haryana Scheduled Caste Commission Report on 17 August. The report includes a provision for a 20 per cent reservation quota in government jobs for Scheduled Castes (SCs) in Haryana.</p>
<p>During a press conference in Chandigarh in August, Saini stated, “Today, the Haryana Scheduled Caste Commission Report was accepted by the cabinet. A 20 per cent quota in government jobs will be reserved for scheduled castes, with the commission recommending that 10 per cent of this quota be allocated to the deprived scheduled castes,” as reported by news agency ANI. He also clarified that the rule would be implemented post the assembly elections, in line with the code of conduct set by the Election Commission of India.</p>
<h3><strong>Supreme Court Order On Sub-Classification Of Scheduled Castes And Scheduled Tribes</strong></h3>
<p>In a related landmark verdict, a 7-judge Constitution bench of the Supreme Court, by a majority of 6:1, ruled that sub-classification of Scheduled Castes (SCs) and Scheduled Tribes (STs) is permissible for granting separate quotas to those who are more backward within these categories. The judgement overruled a 2004 decision in E V Chinnaiah vs State of Andhra Pradesh, which had barred sub-classification for reservation purposes.</p>
<p>Chief Justice of India (CJI) DY Chandrachud, delivering the majority verdict, said, “Historical and empirical evidence demonstrates that the Scheduled Castes are a socially heterogeneous class. Thus, the State, in exercise of the power under Articles 15(4) and 16(4), can further classify the Scheduled Castes if (a) there is a rational principle for differentiation; and (b) the rational principle has a nexus with the purpose of sub-classification.”</p>
<p>The court emphasised that while states can create sub-classifications for addressing inadequate representation, they must substantiate such measures with empirical and quantifiable data. The judgement further noted that states must not act on “whims or political expediency,” and such actions remain subject to judicial review.</p>
<p>The seven-judge bench included CJI DY Chandrachud, Justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra, and Satish Chandra Sharma. Justice Bela Trivedi dissented from the majority view. Four of the six judges favouring sub-classification highlighted the need to apply the creamy layer principle to SC/ST reservations, which currently applies only to Other Backward Classes (OBCs).</p>
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