Summary
The Constitution Bench reaffirmed that SC/ST reservation status is specific to the State for which a community is notified and cannot be carried into another State merely by migration. Article 16(4) cannot circumvent Presidential lists amendable only by Parliament. The majority nevertheless upheld the existing pan-India reservation rule for Delhi services as Central services. Banumathi J dissented on that Delhi issue. The Andaman and Nicobar appeals were left for an appropriate Bench on further materials.
Issues
- Whether Article 16(4) permits extension of SC/ST reservation beyond communities notified for the State concerned.
- Whether Delhi’s pan-India reservation policy is constitutionally valid in light of the nature of its services.
- Whether the same conclusion could be reached for other Union Territories on the materials available.
Provisions considered
- Articles 341 and 342, read with Article 366(24) and (25), Constitution of IndiaSC/ST specification is linked to the State or Union Territory identified in the Presidential Order. Only Parliament may amend the lists; executive action cannot expand them. (¶ Gogoi J: 12, 15–19, 28–34)
- Article 16(4), Constitution of IndiaThe enabling reservation power must be harmonised with the territorial Presidential lists and cannot be used by a State to bypass their constitutional amendment mechanism. (¶ Gogoi J: 30–34, 61)
- Rule 3, Delhi Administration Subordinate Service Rules, 1967The majority relied on the constitution and classification of Delhi subordinate services as Central Civil Services to uphold the pan-India reservation rule for Delhi. (¶ Gogoi J: 57–58, 61)
Held
- SC/ST recognition and reservation are tied to the State concerned. A person recognised in State A cannot claim the same reservation status in State B merely by migrating, even where a community bears the same name. Local disadvantage and the territorial language of the Presidential Orders cannot be disregarded. (¶¶ Gogoi J: 18, 23–30, Banumathi J: 29, 76)
- Only Parliament, by law, may add to or remove from the Presidential SC/ST lists. Article 16(4) is enabling and must be read harmoniously with Articles 341 and 342. A State seeking to extend reservation beyond its notified communities must pursue the parliamentary route rather than act unilaterally under Article 16(4). (¶ Gogoi J: 32–34, 61)
- For services connected with Union affairs, recruitment and reservation operate on an all-India basis consistently with the federal service structure. The majority treated Delhi’s subordinate services, under the DASS and CCS framework, as Central Civil Services and upheld the existing pan-India reservation rule for the NCT of Delhi. (¶ Gogoi J: 40–58, 61)
- The majority expressly refrained from deciding the position of subordinate services in other Union Territories because sufficient relevant material had not been placed before it. The Delhi conclusion therefore did not dispose of the Andaman and Nicobar appeals, which were to be considered by an appropriate Bench on adequate materials. (¶ Gogoi J: 60–62)
- Banumathi J agreed with the territorial rule for interstate migration but dissented on Delhi. In her view, locally recruited Union Territory services retained a distinct identity and their reserved posts should be confined to communities notified for that territory; classification under Central service rules or feeder-cadre status did not justify pan-India reservation. She distinguished centrally recruited UPSC services. (¶ Banumathi J: 1, 29, 52–64, 70–76)
- The reference was answered in accordance with the majority’s conclusions. The Delhi appeals were disposed of without a further remittal, while the Andaman and Nicobar appeals remained for determination by the appropriate Bench in light of the judgment and further materials. (¶ Gogoi J: 61–62)
Result
Reference answered: State-specific SC/ST reservation rule reaffirmed; majority upheld pan-India reservation for Delhi services, with Banumathi J dissenting on that issue. Delhi appeals disposed of; Andaman and Nicobar appeals left to the appropriate Bench on sufficient materials.