Haryana Enforces SC Order On Sub Category Within Scheduled Castes With Immediate Effect: CM Nayab Saini

Haryana implements sub-category reservations for scheduled caste category following the Supreme Court's ruling allowing sub-classification of SCs and STs for separate quotas.

Haryana Enforces SC Order On Sub Category Within Scheduled Castes With Immediate Effect: CM Nayab Saini

Source : PTI

Haryana CM Nayab Saini announced on Friday that the Supreme Court Order of Sub Category within scheduled castes would be implemented in the state with immediate effect. This announcement was made by Saini following a cabinet meeting. During a press conference held after the cabinet meeting, Saini stated, "Respecting the Supreme Court's decision, we have decided to implement the order on sub-categorisation within Scheduled Castes from today itself."

Saini also provided updates on decisions related to farmers, detailing the procurement of crops like paddy and millet at the Minimum Support Price (MSP). He said, "The procurement of paddy is underway in Haryana, and we have reviewed the process. I want to inform you that discussions were held on the procurement that has taken place in Haryana so far."

The Chief Minister further shared data on crop procurement in the state's mandis (marketplaces), stating, "Our government is committed to purchasing every grain of the farmers' produce at MSP. We are a government that takes steps in the interests of the farmers. We will purchase grains with moisture levels below 17 per cent. If the grain has higher moisture content, it will need to wait. In this ongoing Kharif season, as of 17 October, a total of 27,45,128 metric tonnes of paddy has arrived in Haryana's mandis, out of which over 23 lakh metric tonnes have been procured."

After the formation of the BJP government in Haryana, the results of the Haryana Staff Selection Commission’s Group C and Group D exams were declared, fulfilling a promise made by CM Nayab Singh Saini.

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.

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.

Supreme Court Order On Sub-Classification Of Scheduled Castes And Scheduled Tribes

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.

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."

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.

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).