The year that was—6 | State of Punjab versus Davinder Singh: Sub-categorisation in reservations

ONE of the defining legacies of former Chief Justice of India (CJI) Dr D.Y. Chandrachud is the unveiling of an Indian version of the Lady Justice statue. In a drastic shift, she is not blindfolded, signifying that now our all-seeing Lady Justice recognises and acknowledges the social realities of society.

The seven-judge Bench decision in Davinder Singh, upholding the sub-categorisation within the Scheduled Castes is an important judgment of the year and will go down as an example of an empathetic judicial system acknowledging the social realities of Indian society.

The judgment rightly recognises the caste system’s hierarchical structure of ‘graded inequality’, in a fragmented society with numerous sub-castes, each asserting superiority over those ranked below.

Reliance on empirical data to rationalise sub-classification

Firstly, CJI Chandrachud takes the help of field research and observes that there is no sense of homogeneity among Scheduled Castes, and rightly recognises that there are ‘Backward Castes’ within the ‘Scheduled Castes’. The CJI, with the help of empirical data, further highlights the discriminatory practices within the Scheduled Castes in Gujarat, such as denial of inter-dining, access to burial grounds and temple entry.

Similarly, it relies on the findings of the Usha Mishra Committee report indicating Untouchability practices among the Mala satellite castes, with Mala Jangam at the top of the hierarchy, followed by Mala Pambala, Masti and Gurra Malas. Through the reliance on empirical evidence to make an informed decision to hold that Indian society is heterogeneous, the Supreme Court sets the right precedent for courts to reflect upon social realities.

Legislative competence to sub-classify

The majority in Davinder Singh, overruling the decision in E.V. Chinnaiah, bifurcated the role of the President and the State’s legislative competence.