The Evolution of Sub-Classification in Reservation: An Insight into State of Punjab v. Davinder Singh

– Shivang Srivastava and Riddhi Solanki

Abstract

The Hon’ble Apex court of India in the case State of Punjab v Davinder Singh took a transformative approach to the affirmative action of providing reservation to the Scheduled Castes (SCs) and Scheduled Tribes (STs). The court addressed the intra group disparities within these communities by ruling that state can sub classify as they are not a homogenous group because different communities face varying degree of discrimination. The judgement seeks to promote substantive equality and social justice by seeking to redirect resources towards most disadvantaged groups. This paper delves into the interdisciplinary analysis of this landmark judgment integrating law with economic tools and empirical data to assess the impact of this judgement

The judgement introduces evidence-based policymaking for the exclusion of creamy layer, tools such as Lorenz curve and Gini Coefficients, show the potential for reducing intra community disparity, Kalder Hicks highlight a net welfare gain by implementing this policy. The policy has transformative potential in developing human capital.

The paper compares the subclassification approach with affirmative action of USA and merit-based system of China and even though the judgement aims at reducing inequality, there is a big risk of political polarisation which require a proper governance framework to work efficiently. The study also include survey findings which reveal stark disparities in awareness and utilization of reservation benefits across various subgroups of SCs and STs.

The paper concludes by aligning this subclassification with SDGs targeting SDG 10 and SDG 16. It calls for research collaboration and policy insights to foster equity for the marginalised communities.

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The authors are students of Gujarat National Law University.