Case Brief: State of Punjab v. Davinder Singh (2024) |Recent SC ST Reservation Judgement

Introduction:

The landmark judgment in State of Punjab v. Davinder Singh dealt with the highly debated issue under the Indian Constitution whether sub-classification amongst Scheduled Castes is permissible or not. Scheduled Castes, as notified by the President under Article 341, have been treated as one homogeneous group for affirmative actions mainly in respect of reservations in public employment and education. However, Inequalities within the SC group have led to queries as to whether there is a necessity to fragment SCs into smaller subgroups so that reservations bestow the greatest benefits upon the most deprived sections within SCs.

The issue reiterated the principles propounded in EV Chinnaiah v. State of Andhra Pradesh (2005) which interpreted that after becoming a class under Article 341 SCs could not be divided into constituent groups. In this case, however, the petitioners-which included the State of Punjab-argued that sub-classification is necessary to tackle inter-se backwardness within the SC community. This case presented the highest-ever constitutional debate regarding equality, affirmative action, and state power to ensure that the reservation policies reach their intended beneficiaries.

This decision has wider implications for the system of reservation in India, redrafting how affirmative action could be used for the most disadvantaged sections of society. It presents an expansive understanding of equality where an objective is not just formal equality but rather substantive equality between unequal groups that are granted unequal treatment for real equity.

Provision involved:

1. Article 14: This provides for equality before the law and equal protection of the law.
2. Article 15(4): It enables the state to make special provisions for the advancement of socially and educationally backward classes which includes SCs and STs
3. Article 16(4): Empowers the state to provide reservations in appointments or posts to any backward class of citizens which, in the opinion of the state, is not adequately represented.
4. Article 341: It provides for the President to list SCs for various states and union territories and Parliament can make amendments to such list.

Factual of the case:

• The State of Punjab enacted an Act that granted some preferential treatment to some SC communities, the Balmikis and Mazhabi Sikhs, within the 50 percent quota for SC.
• The Punjab and Haryana High Court struck it down as unconstitutional, relying on Chinnaiah, by holding that the sub-classification was violative of the equality clause. The court’s reasoning was that SCs were a homogeneous class under Article 341, and any attempt to classify them violated the equality principle of the Constitution.
• The plea raised several important questions about whether sub-classification can be permitted within SCs to overcome inter-se backwardness. It also fell upon the case to deal with the issue of formal equality and substantive equality whereby all SCs are treated alike but levels of backwardness in SCs may call for varied levels of support.

Issues Involved:

There were four main issues involved in the present case:

1. Whether Article 14, 15, and 16 permits sub-classification of SCs?
2. Does Article 341 give rise to a homogeneous class of SCs that bars sub-classification?
3. Can states enact sub-classification of SCs to achieve more equitable distribution of advantage of reservation?
4. What is the relevance of the principle of substantive equality in assessing the challenge to sub-classification?

Arguments of the Petitioners

The petitioner’s counsel on behalf of the State of Punjab and Ors. contended the following:

1. Substantive Equality: The case of the petitioners is that E.V. Chinnaiah case treated SCs as a homogeneous block which negated the very spirit of reservation. SCs were not a homogeneous group. Certain sub-castes within SC suffered far higher discrimination and backwardness than the SC group, to whom therefore sub-classification was indispensable, promoting substantive equality for sharing quota reserve benefits to the most disadvantaged sections within SC.
2. State Power to Favor: They argued that under Articles 15(4) and 16(4), the state was empowered to provide for affirmative action, which they say, had the power to create preferences or sub-classifications under the larger SC category.
3. Indra Sawhney Case[1]: The petitioners rested their case on the judgment of the Supreme Court in the Indra Sawhney case, whereby the said court had permitted sub-classification of OBCs by further two-fold classification into ‘backward’ and ‘more backward’ classes. They argued that this principle should squarely apply to SCs.
4. Evidence: It was contended by the petitioners that empirical evidence was sufficient to indicate that all these years reservation benefits were being denied to some subgroups of SC communities, which in itself was a justification for sub-classification to do away with the discrimination existing within the SC class.

Arguments of the Respondent

The respondent counsel on behalf of Davinder Singh and Ors. contended the following:

1. Homogeneity of SCs: The respondents submitted that the SCs, after being included in the Presidential list under Article 341, form a homogeneous class. The respondents placed reliance on the Chinnaiah precedent which held that any degree of sub-classification on the SC category would result in infringing the constitutional protection provided under Article 341.
2. Legislative Power: They claimed that amendment in the SC list was purely a power of Parliament and classification by state legislatures would actually be a change in the composition of the SC category, which the Constitution does not permit.
3. Equality: The respondents also pleaded that any exclusion or preference shown towards some members of SC would be discriminatory against other SC communities. Thus, it would lead to unequal treatment of members of constitutionally protected classes.

Rationale of the Decision

The Supreme Court reassessed the Chinnaiah[2] judgment and held that SCs do not constitute a homogeneous class. The court recognized the reality of inter-se backwardness between SC groups and spelled that substantive equality — that aims to bring about true equality in practice — calls for differential treatment for those who are more disadvantaged.

The court ruled that sub-classification among SCs is constitutionally permissible and required for the benefits of reservation to reach those who are most in need. The court further held:

Substantive Equality: The high court endorsed the principle of substantive equality and explained that the object of reservations is not merely a formal equality that consists of treating alike persons differently but substantive equality that considers unequal groups to be differently treated so that they are brought on par.

Article 16(4)[3]: Previously in various judgments, the court ruled that Article 16(4) allows states to bring sub-classifications under the justified objective to enhance better representation for the neediest in the SC. The Supreme Court ruled that it cannot be held violative of the overall scheme of Article 341 if no caste is excluded from the SC list.

Impact on the Existing Reservation Policy:

This judgment fundamentally changes how the application of reservations for SCs would be considered. It acknowledges that although as a group the SCs suffer from systemic discrimination, there still exist intra-community differences that must be met in order to address real social justice. The judgment has opened a gate way to:

1\\. Targeted Affirmative Action: States can now more sharply target the benefits of reservation on the most marginalized sub-castes in the SC category.

2\\. Flexibility for States: The judgment imparts greater flexibility to the states in the design of reservation so that affirmative action programs are better suited to local realities and the different needs of various SC communities.

3\\. Political Consequences: The judgment may lead to even more politicization because sub-classification may satisfy regional or caste-group demands within the SC class. Further, it may ultimately mount state level pressure for even more specific reservations policies for groups like ST and OBC.

Conclusion

The judgment of State of Punjab v. Davinder Singh is a landmark in the affirmative action saga of India because it has assured once again its commitment toward substantive equality by holding that members of the SC community are never placed on a par to get the benefits under the policy of reservations. This judgment echoes the promise of the Constitution regarding social justice by making affirmative action policies more targeted at disadvantageous sections.

This judgment also mirrors an evolving understanding of the intersectionality of caste and class in India, further illuminating that the achievement of true equality indeed follows from the erasure of disparities both within and between groups. The judgment is likely to modify the status quo of reservation policies followed by the states and would have a long-term impact in providing a more nuanced and equitable means of benefits so that the affirmative action clearly reaches the most vulnerable members of society.

This results in the court raising the bar for how reservations are framed and justified in different circumstances, hence reservation policies more effectively become instruments of social justice intervention.

[1] Indira Sawhney v. Union of India, 1992 (Suppl) 3, SCC 217)

[2] E.V.Chinnaiah vs State Of Andhra Pradesh And Ors, Appeal (civil)  6758 of 2000

[3] Constitution of India, Article 16(4)