The Supreme Court ruled Thursday that its 2004 ruling that states do not have the power to further classify the proposed castes and proposed tribes in order to award job quotas and educational admissions needs to be reconsidered.
A five-judge bank, headed by Justice Arun Mishra, said a 2004 constitutional bank ruling in the E V Chinnaiah case needed reconsideration and therefore the matter must be referred to the Indian Chief Justice for appropriate resolution.
The bank, which included Judges Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose, said the 2004 ruling had not been properly ruled and states could legislate to provide preferential treatment by subclassing the caste within the SC Grant / STs.
The bank referred the Punjab Government’s case against the Supreme Court order before CJI Justice S A Bobde for setting up a larger bank to reconsider the earlier ruling.
The Punjab and Haryana Supreme Court had enacted state law authorizing the government to subclassify SC / STs for granting quotas.
The Supreme Court relied on the 2004 Apex Court ruling and found that the Punjab government was not empowered to subclass SC / ST.