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.
Decoupling Origin from Entitlement: Reframing the State-Specificity Doctrine under the Lens of Substantive Equality
The author explores the state specificity doctrine with respect to reservations and argues that the reading of Article 341 of the Constitution to bar citizens from claiming benefit of reservation in states other than their states of origin as a misreading of the provision.