Tamil Nadu’s 10.5% Vanniyar quota without substantial basis, says Supreme Court

However, SC upholds Tamil Nadu’s legislative competence to sub-classify identified backward classes

The Supreme Court on Thursday confirmed that the grant of 10.5% internal reservation to Vanniyakula Kshatriya community violates the fundamental rights of equality, non-discrimination and equal opportunity of 115 other most backward communities (MBCs) and de-notified communities (DNCs) in Tamil Nadu.

A Bench of Justices L. Nageswara Rao and B.R. Gavai held that the allotment of 10.5% reservation to a single community from within the total MBC quota of 20% in the State, leaving only 9.5% to 115 other communities in the MBC category, was without "substantial basis".

Reservation in Tamil Nadu comprises 69% under a 1994 Act protected under the Ninth Schedule of the Constitution. Of the 69%, backward classes, including Christians and Muslims, get 30%; MBCs get 20%;  Scheduled Castes 18%; and Scheduled Tribes 1%.

The Special Reservation Act of 2021, which was enacted by the AIADMK government in consultation with Tamil Nadu Backward Classes Commission Chairperson Justice (retired) M. Thanikachalam, scooped 10.5% of the total 20% MBC quota for Vanniyakula Kshatriyas alone, citing their "extreme backwardness".

On Thursday, the Supreme Court upheld the Madras High Court's conclusion that the reservation afforded to the community under the 2021 Act was based on "antiquated data". The verdict winches to fore the push for conducting a caste survey to get the latest figures in backwardness in the State.

The court said there was no assessment or analysis done prior to the 2021 Act to back the claim that the Vanniyakula Kshatriyas were relatively more backward than the other MBCs and DNCs. 

The court underscored that "while caste can be the starting point for internal reservation, it is incumbent on the State government to justify the reasonableness of the decision [to provide quota to a particular community] and demonstrate that caste is not the sole basis".