State legislatures can give preferential reservation to sub-castes: SC diverges from EV Chinnaiah, matter to be referred to larger bench

In EV Chinnaiah, the Apex Court had held it to be unconstitutional for state legislatures to provide a further sub-categorization of Scheduled Castes (SC) and Scheduled Tribes (ST).

Justices Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Krishna Murari of the Supreme Court

Published on:

27 Aug 2020, 5:42 am

2 min read

The Supreme Court today held that state legislatures may make laws to give preferential reservation to sub-castes within categories.

In doing so, the Court has diverged from another Constitution Bench judgment that held the contrary.

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Supreme Court of India

Reservation

SC/ST

Constitution Bench

Sub-castes

EV Chinnaiah