SC sub-categorisation row: Haryana, not Telangana, made first move

NEW DELHI: Haryana, last Nov, became the first state to notify “sub-categorisation of SCs”, contrary to the claims of Telangana that it kickstarted the process in the country by unveiling the policy on the occasion of Ambedkar Jayanti.

The Supreme Court in Aug 2024 green-lighted division of Dalits into sub-groups with the objective of ensuring equitable distribution of reservation benefits among various sub-castes. The landmark judgement overturned the apex court’s EV Chinnaiah judgment which in 2004 ruled that states cannot tamper with the SC list which was the domain of the President under Article 341 of the Constitution.

The BJP govt in Haryana got off the blocks immediately, rushing into the state elections by announcing in Aug 2024 that it will effect sub-categorisation. On coming back to power, the Nayab Saini govt issued a notification in Nov 2024 dividing Dalits into two blocs — ‘Deprived SCs’ and ‘Other SCs’.

Haryana’s social justice and empowerment minister Krishan Bedi told TOI that the state cabinet passed the proposal on sub-division of Dalits on Oct 18, 2024, while a notification was later issued on Nov 13. “We have already made appointments in Kurukshetra University based on sub-categorisation, while new advertisements announcing the vacancies have also been published,” he said.

Sub-categorisation, which apportions reservation quantum among sub-groups according to their population, has historically been a controversial issue. While the “dominant” groups oppose the move because it would shrink their share of the quota pie, the “backward SCs” argue that it will advance their cause by removing an unfair competition with their socio-politically empowered brethren. Their grievance is that in an open competition for common quota, the “forward SCs” are more competitive and corner the benefits.

However, there is a key difference in the approach the two states have adopted in activating the policy. Telangana set up a Commission and the assembly passed a bill which divides the SCs into three sub-groups, while Haryana has taken the decision based on a cabinet approval and divided SCs into two groups.

Also, the Haryana policy has been challenged in the Punjab and Haryana high court by a Mahasabha opposed to sub-categorisation, alleging in its petition that the state has no quantifiable data to classify the lists or to apportion 50% quota to DSCs and OSCs each. It has alleged that the exercise carried out by Haryana Commission for SCs was a mere eyewash, with no basis given for grouping of SCs as DSCs and OSCs.