E. V. CHINNAIAH versus STATE OF ANDHRA PRADESH AND ORS.

Citation: [2004] SUPP. 5 S.C.R. 972 · Decided: 05-11-2004 · Supreme Court of India · Bench: N. SANTOSH HEGDE · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
B 
E. V. CHINN AI AH 
v. 
ST A TE OF ANDHRA PRADESH AND ORS. 
NOVEMBER 5, 2004 
[N. SANTOSH HEGDE, S.N. VARIA VA, B.P. SINGH, H.K. SEMA 
AND S.B. SINHA, JJ.] 
Andhra Pradesh Scheduled Castes (Rationalisation of Reservation) Act, 
c 2000: 
Constitution of India, 1950-Article 14, 341 and Schedule VII List II 
Entry 41, List III, Entry 25: 
Scheduled Castes enumerated in Presidential List-Sub-Classification 
D of-For the purpose of admission to professional colleges and appointment in 
services of the State-By State legislation-Constitutional validity of-Held: 
The sub-classification is ultra vires the Constitution-It would amount to 
tinkering with the Presidential List-It is violative of Scheme of Article 341 
and Article 14, against doctrine of reasonableness and lacks legislative 
competence-Jn pith and substance legislation not being a law governing the 
E field of education or field of State Public Services, legislative competence 
cannot be traced to Entry 41 of List 11 or Entry 25 of List III of VII Schedule. 
F 
Doctrines: 
Doctrine of Pith and substance-Applicability of 
Doctrine of reasonableness. 
State of Andhra Pradesh appointed a Commission to identify the 
groups amongst the Scheduled Castes, found in the List prepared under 
Article 341 of the Constitution of India by the President, but had failed 
G to secure the benefit of reservations provided for Scheduled Castes in the 
State in respect of admission to professional Colleges and appointment to 
services in the State. Accepting the Report of the Commission, the State 
by an Ordinance divided the 59 castes enumerated in the Presidential List 
into 4 groups based on inter se backwardness and apportioned 15% .quota 
H 
972 
-
E.V. CHINNAIAH v. STATE OF ANDHRA PRADESH 
973 
of reservation among the 4 groups. 
A 
The Ordinance was challenged before High Court as violative of 
Articles 15(4), 16(4), 162, 246, 341(1), 338 (7), 46, 335 and 213 of the 
Constitution as also the Constitutional (Scheduled Castes) Order 1950 
notified by the President of India and· Scheduled Castes and Scheduled B 
Tribes Amendment Act, 1976. During pendency of the Writ Petitions, 
Ordinance having been replaced by the Andhra Pradesh Scheduled Castes 
(Rationalisation of Reservation) Act, 2000, the Act was also challenged. 
High Court dismissed the Writ Petitions. Hence the present appeals. 
The questions for consideration before this Court were: 
1. Whether the Act was violative of Article 341(2) of the Constitution 
of India? 
2. Whether the enactment is constitutionally invalid for lack of 
legislative competence? 
3. Whether the enactment created sub-classification or micro 
classification of scheduled Castes so as to violate Article 14 of the 
Constitution? 
Allowing the appeals, the Court 
HELD: Per Santosh Hegde (For himself, S. N. Variava and B. P. Singh, 
JJ) 
c 
D 
E 
1.1. Andhra Pradesh Scheduled Castes (Rationalisation of F 
Reservation) Act, 2000 apart from being beyond the legislative competence 
of the State is also violative of Article 14 of the Constitution and hence is 
liable to declared as ultra vires the Constitution. (998-A) 
1.2. Article 341 of the Constitution indicates that there can be only 
one List of Scheduled Caste in regard to a State and that List should G 
include all specified castes, races or tribes or part or groups notified in 
that Presidential List. Any inclusion or exclusion from the said list can 
only be done by the Parliament under Article 341(2) of the Constitution 
of India. Except for a limited power of making an exclusion or inclusion 
in the list by an Act of Parliament there is no provision either to suo-divide, H 
974 
SUPREME COURT REPORTS [2004] SUPP. 5 S.C.R. 
,. 
A sub-classify or sub-group these castes which are found in the Presidential 
List of Scheduled Castes. Therefore, it is clear that the Constitution 
intended all the castes including the sub-castes, races and tribes mentioned 
in the list to be members of one group for the purpose of the Constitution 
and this group could not be sub-divided for any purpose. 
B 
(986-G-H; 987-A] 
1.3. It is also clear from the Articles in part XVI of the Constitution 
that the power of the State to deal with the Scheduled Castes list is totally 
absent except to bear in mind the required maintenance of efficiency of 
administration in making of appointments which is found in Article 335. 
c 
(989-C) 
1.4. Any executive action or legisla~ive enactment which interferes, 
disturbs, re
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