Internal differentiation in India’s reservation policy: A case note on State of Punjab v Davinder Singh

This case note examines the Supreme Court’s decision in State of Punjab v Davinder Singh (1 August 2024), which reconsidered the constitutional validity of internal differentiation within Scheduled Caste (SC) reservations in India. India’s reservation policy, a constitutionally recognised form of affirmative action designed to address historical caste-based exclusion, has traditionally treated SCs as a homogeneous category. The Court held that sub-classification within SCs is constitutionally permissible to ensure a more equitable distribution of reservation benefits. The judgment, therefore, marks a shift from a model of formal equality towards a more substantive and differentiated understanding of equality. This case note analyses the implications of the decision for two competing approaches to internal reform: creamy-layer exclusion and sub-categorisation. Creamy layer refers to relatively advanced sections within a backward class that may be excluded from reservation benefits so that such benefits reach the most disadvantaged groups. The note argues that although the judgment acknowledges intra-group inequality, it leaves unresolved tensions between income-based targeting and the continuing structural nature of caste-based disadvantage. The decision consequently raises important questions regarding the future design, justification, and implementation of affirmative action policy in India.