State legislatures can give preferential reservation to sub-castes: SC diverges from EV Chinnaiah, matter to be referred to larger bench

In EV Chinnaiah, the Apex Court had held it to be unconstitutional for state legislatures to provide a further sub-categorization of Scheduled Castes (SC) and Scheduled Tribes (ST).
Justices Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Krishna Murari of the Supreme Court
Justices Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Krishna Murari of the Supreme Court

The Supreme Court today held that state legislatures may make laws to give preferential reservation to sub-castes within categories.

In doing so, the Court has diverged from another Constitution Bench judgment that held the contrary.

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