The reservation system employed throughout the country has faced criticisms from the upper castes and the lower castes alike. In the 74 years since the constitution has been conceived and the reservation policies have been implemented, the SC and ST quotas have never been amended to this degree.
What is the policy change?
In a historic judgment, the Supreme Court has approved of states being able to sub-classify Scheduled Castes and Scheduled Tribes and reframing how the quota system may work in the future. The sub-classification of this sort is only to be done on the basis of empirical data on the representations of different castes in the public services. States now have the power to subclassify the backwards even among the erstwhile Scheduled Castes for a separate quota within the quota.
The ruling is based on the recognition that SCs and STs do not exist as a homogeneous group, they also tend to varying levels of stratification amongst themselves with some of them having slightly higher access to public resources while some face systemic challenges to access these resources. A feature of being treated as untouchable may be common among the communities but empirical evidence also shows that their level of advancement and upliftment differs significantly.
Why is such a change necessary?
The point of this ruling is to ensure that the benefits of reservations trickle down to the people and communities who require it the most. Some groups among STs and SCs continue to be underrepresented in education and public affairs despite the affirmative action policies in place. Four judges, part of this seven judge bench, have also taken the view that the ST and SC list should be reevaluated with the removal of the creamy layer within the ST and SC from the reservation benefits so that the weakest benefits the most from such a provision.
This policy allows for state governments to uplift the most disadvantaged as well as design other policies that target specifically the plight of the most disadvantaged within the SC and ST groups. It is an extension of the social justice scheme which is embedded in the Indian constitution. Diversity comes with its challenges and thus affirmative action policies also have to be constantly evolving to keep up with the many challenges that come with housing such a large population. The state, with the help of this ruling, now needs to provide targeted benefits for the most downtrodden sections of the society. Such a policy leads to more nuanced and effective changes in the reservation system.
