In-chambers, the Supreme Court will be considering a batch of pleas seeking a review of the apex court's judgement which empowered the states constitutionally to make sub-classifications within the Scheduled Castes (SCs), for reservations.

A seven-bench Constitution bench took up the matter at 1.35 pm today, Tuesday, September 24. The bench comprises:

- Chief Justice DY Chandrachud

- Justice BR Gavai

- Justice Vikram Nath

- Justice Bela Trivedi

- Justice Pankaj Mithal

- Justice Manoj Misra 

- Justice Satish Chandra Sharma

It may be recalled that on August 1, 2024, the apex court held that states can make this sub-classification to empower those castes which are socially and educationally more backward.

The states have to make sub-classifications on the basis of "quantifiable and demonstrable data", the Supreme Court had clarified. This was not to be done on "whims" and as a matter of "political expediency".

Earlier, in the 2004 EV Chinnaiah vs State of Andhra Pradesh case, it was held that SCs' sub-classification can't be allowed as they are a homogeneous class.

In the recent hearing, the Chinnaiah verdict was overruled. 

"The state can sub-classify, inter alia, based on inadequate representation of certain castes. However, the state must establish that the inadequacy of representation of a caste/group is because of its backwardness," it said.