Upholding the value of positive discrimination, a five-judge Constitution bench of the Supreme Court on Thursday said sub-classifications within SCs(scheduled castes) and STs(scheduled tribes) for granting reservation is not unconstitutional. The ruling contradicts a 2004 judgement by another apex court bench.
On 5th November 2004, a five-judge SC bench in the EV Chinnaiah VS Andhra Pradesh case, had observed that it was unconstitutional for state legislatures to create sub-categories of SCs and STs.
“We cannot revisit E.V. Chinnaiah being bench of coordinate strength. We request the Hon’ble Chief Justice to place the matter before a bench comprising 7 Judges or more as considered appropriate,” said the court on Thursday, Considering that the 2004 verdict was also delivered by a five-judge bench.
