Stigma, Status and the State: Why Sub-Classification Fails The Test of Substantive Equality

Last month, the Supreme Court asked the Centre to submit an affidavit along with Action Taken Report detailing steps taken to implement its August 1, 2024 judgment permitting sub-classification with SCs for reservation purposes and extending creamy layer principle to SCs. This marks a tremendous shift in India’s reservation jurisprudence from two-decade old E.V. Chinnaiah v. State of Andhra Pradesh. While Chinnaiah had held that SCs cannot be sub-divided and constitute a legal monolith, in Davinder Singh, the court empowered the states to do so. The court’s rationale says that sub-classification constitutes “tinkering with benefits” rather than “tinkering with the list”. The author proposes that the real solution of the problem is rooted in “special care” obligations under DPSPs arguing for targeted developmental actions instead of sub-classification of a unified political identity.

Challenges and Prospects of Transgender Reservation: A Call for a Universal Approach

The article aims to address the issue of Transgender reservation. The Indian Constitution mandates affirmative measures for safeguarding the interests of vulnerable communities and preventing exploitation. Nevertheless, the author is of the opinion that legislative efforts regarding reservations for the transgender community have been fragmented and incoherent. The author suggests that it is now imperative to grant horizontal reservations for the transgender community. Furthermore, the author stresses the requirement for distinct reservations due to the unique challenges faced by the transgender community, advocating for horizontal reservation, that is flexible and self-adjusting. Finally, the article calls for acknowledging and upholding the legitimate claims of the transgender community to foster a fairer and more equitable society.

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