Reservation reimagined: Gujarat’s challenge in implementing SC/ST subcategories

The Supreme Court, in a 6–1 majority decision, has granted India’s states the constitutional authority to create subcategories within Scheduled Castes (SC) and Scheduled Tribes (ST) to benefit the most backward castes. However, in Gujarat, this debate remains firmly on the backburner. 

The SC emphasised that states should provide empirical data to distinguish between beneficiaries and the deprived within subgroups, ensuring that genuine groups receive preferential treatment as outlined in the Constitution.

While Telangana has shown readiness to be the first state to implement this order, the Gujarat government is yet to initiate a discussion on the subject. 

Minister of Social Justice and Empowerment Bhanuben Babaria refused to comment on the issue in her position as cabinet minister, but passed the buck to the General Administration Department (GAD). Sunaina Tomar, additional chief secretary of the Social Justice and Empowerment Department, confirmed that no discussions have taken place yet.

A state government official who asked not to be named shared that implementing this order would require Gujarat to issue an ordinance with regards to job advertisements. The Advocate General and Law Department have studied the order, and the Social Justice and Empowerment Department will present it to the state cabinet before seeking the Governor’s approval, this person told Gujarat Samachar Digital.

The Supreme Court order references a study on caste discrimination across 1,589 villages in Gujarat conducted by the Robert F Kennedy Centre for Justice and Human Rights in collaboration with Dalit-rights organisation Navsarjan. The study found less interaction between two Dalit castes than between a Dalit caste and a forward class in the state.

According to the 2011 Census, Gujarat’s population comprises 6.74% Scheduled Castes and 14.75% Scheduled Tribes. SCs include 36 sub-castes, with 12 classified as extremely backward. In terms of political representation, out of 13 SC MLAs in the state assembly, only one belongs to the Most Backward Castes. Neither of the two Lok Sabha MPs who occupy reserved seats represent the Most Backward Castes.

As Gujarat contemplates its response to this landmark ruling, the state faces the challenge of balancing equitable representation with efficient governance.