On 21 August 2024, 21 Dalit and Adivasi organisations, including NACDAOR and the Reservation Bachao Sangharsh Samiti, called a one-day Bharat Bandh against the Supreme Court's 1 August ruling that states may sub-classify Scheduled Castes and Scheduled Tribes for quotas, and against judges' remarks on a "creamy layer". Police lathicharged protesters in Patna and other Bihar districts, Rajasthan suspended mobile internet in several districts, and road and rail traffic was hit in Jharkhand and Odisha, while much of the country was unaffected. The Union Cabinet had already ruled out a creamy layer for SCs and STs, and Haryana, Telangana and Karnataka later split their SC quotas.
Key takeaways
- The Supreme Court held 6:1 on 1 August 2024 that states can sub-classify SCs for quotas, overruling the 2004 E V Chinnaiah judgment.
- Four judges in the majority said a creamy layer should be identified among SCs and STs. The Union Cabinet said on 9 August that the Constitution has no such provision.
- The bandh had its strongest effect in Bihar, Jharkhand and tribal belts, with lathicharges and water cannon in Bihar. Reports on Rajasthan differ, and Uttar Pradesh, Punjab and Haryana saw little impact.
- Review petitions were dismissed, and Haryana, Telangana and Karnataka introduced sub-quotas.
The ruling of 1 August 2024
A seven-judge bench led by Chief Justice D Y Chandrachud held, by a 6:1 majority, that sub-classification of Scheduled Castes and Scheduled Tribes is permissible to provide a quota within the quota in jobs and admissions. It overruled the 2004 five-judge judgment in E V Chinnaiah vs State of Andhra Pradesh, which had treated SCs as one homogeneous group. PTI via Deccan Herald.
The case began with a 2006 Punjab law giving Valmikis and Mazhabi Sikhs first preference for half the SC quota in direct recruitment, struck down by the High Court in 2010 and referred to a larger bench in 2020 LiveLaw.
The Chief Justice wrote that "empirical evidence indicates that there is inequality even within the Scheduled Castes" and that a state must act "on the basis of quantifiable and demonstrable data". A model that "excludes some Scheduled Castes from the benefit" would be unconstitutional LiveLaw. The court also held that a state cannot reserve 100% of a quota for one sub-class LiveLaw.
On the creamy layer, Justice B R Gavai said states must evolve a policy to identify it among SCs and STs. Justices Vikram Nath, Pankaj Mithal and Satish Chandra Sharma made similar observations PTI via Deccan Herald. LiveLaw counted four of the six majority judges making these observations LiveLaw.
In dissent, Justice Trivedi held that sub-classification by states would amount to tinkering with the Presidential list under Article 341 PTI via Deccan Herald. "Changes to the Presidential list can only occur through legislation enacted by Parliament," Business Today quoted her as saying Business Today.
Early reactions and the Cabinet's statement
Manda Krishna Madiga of the Madiga Reservation Porata Samiti, who had campaigned for this for about 30 years, welcomed the ruling. Telangana Chief Minister A Revanth Reddy told the Assembly his state would implement it before any other South First. The Karnataka chief minister and the CPI(M) also welcomed it Deccan Herald.
On 4 August, BSP chief Mayawati opposed the ruling in Lucknow: "Atrocities are faced by SCs and STs as a group. This group is equal. It will not be right to do any kind of sub-classification" Deccan Herald. She asked for a constitutional amendment to undo it The Mooknayak. Union Minister Chirag Paswan said his LJP (Ram Vilas) would seek a review: "creamy layer can never apply to scheduled castes because the basis is untouchability" Business Today.
Government's position On 9 August, after a delegation of SC and ST MPs met Prime Minister Narendra Modi, Information and Broadcasting Minister Ashwini Vaishnaw briefed reporters on the Cabinet's discussion. "The Constitution does not provide for creamy layer for SCs and STs," he said Tribune. BJP MP Faggan Singh Kulaste said the Prime Minister told the MPs the creamy layer "will not be implemented in the SC and ST category" PTI via Deccan Herald.
Who called the bandh, and what they demanded
The bandh was called by 21 organisations PTI via Tribune ETV Bharat, including the National Confederation of Dalit and Adivasi Organisations (NACDAOR) and the Reservation Bachao Sangharsh Samiti PTI via Deccan Herald.
NACDAOR said the ruling undermined the nine-judge Indira Sawhney judgment. It asked the government to reject it and listed these demands Deccan Herald National Herald:
- A new Act of Parliament on SC, ST and OBC reservations, placed in the Ninth Schedule to shield it from "judicial interference".
- Release of caste-wise data on SC, ST and OBC employees in government service.
- An Indian Judicial Service, with a target of 50% SC, ST and OBC representation in the higher judiciary.
- Filling of all backlog vacancies, and affirmative action by private firms that receive government incentives.
The BSP and RJD backed the bandh Business Today, as did the Samajwadi Party, the Left and Jharkhand's ruling JMM-Congress alliance PTI via Tribune. The Congress backed the "democratic" right to protest without stating its view on sub-classification PTI via Deccan Herald.
How it played out on 21 August
Lathicharge and water cannon
Police baton-charged and used water cannon in Patna, Darbhanga and Begusarai to clear rail and road blockades PTI via Tribune. Akashvani said the Patna protest "turned violent" at Dak Bungalow; protesters also halted trains Akashvani. In the lathicharge, a constable struck Patna SDM Shrikant Kundli Khandlekar, mistaking him for a protester, and police later apologised. A magistrate said five protesters were detained there ETV Bharat. PTI reported five detained in Jehanabad after clashes. PTI via Tribune. Business Standard carried a video of a mob in Gopalganj trying to torch a school bus with children inside; police thwarted it Business Standard.
Internet cut, schools shut
Deccan Herald reported a "complete bandh", with internet suspended in Bharatpur, Sawai Madhopur, Karauli and Deeg, schools closed and at least 25,000 extra police deployed. Deccan Herald. PTI, by contrast, described Rajasthan as largely unaffected outside a few places PTI via Tribune.
Buses off, schools closed
Public buses stayed off the roads and schools closed in Ranchi and most of the state. Chief Minister Hemant Soren cancelled a visit to Palamu PTI via Deccan Herald.
Trains held
Agitators held the Visakha Express at Bhubaneswar and stopped trains at Khetrajpur in Sambalpur until police cleared the tracks. Offices, banks and schools worked normally, police said PTI via Deccan Herald.
Tribal belts, little impact in the north
Markets shut in tribal districts of Gujarat and Chhattisgarh, and several people were detained in Gujarat. Uttar Pradesh saw BSP protests in Lucknow but largely normal business PTI via Tribune. Punjab, Haryana and Assam were largely unaffected PTI via Tribune.
Both sides of the argument
Against the ruling (bandh supporters)
NACDAOR said the ruling threatened SC and ST constitutional rights Deccan Herald. Mayawati said states could use sub-classification for political ends and that unfilled posts might go to the general category The Mooknayak. A review petition argued that the creamy layer "was not before this court" PTI via Deccan Herald. Adivasi Jan Parishad president Prem Sahi Munda said: "We hit the streets to protect our rights provided by the Constitution" PTI via Tribune.
For the ruling, and against the bandh
The majority said SCs are not a homogeneous class and sub-classification is a means to substantive equality LiveLaw. In Rajasthan, at least 30 castes including Valmiki, Nat, Kalbeliya and Sapera opposed the bandh and backed sub-classification for the most deprived Deccan Herald. Union Minister Jitan Ram Manjhi called the protesters "selfish individuals" PTI via Deccan Herald. Kulaste said the bandh was "playing politics" since the government had already ruled out the creamy layer PTI via Tribune.
What followed
Documented In an order of 24 September 2024, reported on 4 October, the same bench dismissed the review petitions, finding "no error apparent on the face of the record", PTI via Deccan Herald LiveLaw.
Haryana. At its first meeting on 18 October 2024, Chief Minister Nayab Singh Saini's new cabinet decided to implement sub-classification. The state SC commission had recommended reserving half the SC job quota for 36 "Deprived Scheduled Castes", such as Balmikis, Dhanaks and Mazhabi Sikhs Tribune, which The Mooknayak reported as a 10% allocation The Mooknayak. The notification took effect on 13 November 2024. Congress MLA Geeta Bhukkal called it "divide and rule" PTI via Deccan Herald.
Telangana. Telangana's law, in force from 14 April 2025, splits 59 SC castes into three groups with 1%, 9% and 5% of the 15% SC quota, based on the Justice Shameem Akthar Commission's report, with no creamy layer Deccan Herald. Madigas, 61.96% of the state's SCs by the 2011 census, are in the 9% group, while Malas and 25 other castes share 5% South First.
Karnataka. The cabinet adopted internal reservation on the Justice H N Nagamohan Das Commission's report in August 2025 Deccan Herald. After a High Court stay over the 50% ceiling, it revised the split in April 2026 to 5.25%, 5.25% and 4.5% The News Minute.
Government's position In August 2026, answering a public interest petition for income-based priority within reserved categories, the Social Justice Ministry told the Supreme Court that the creamy layer principle does not apply to SCs and STs and that only Parliament can decide the question ThePrint Bar and Bench. No ruling on that petition was found.
Outcome
- Deaths: None reported in the sources reviewed.
- Force: Lathicharge and water cannon in Patna, Darbhanga and Begusarai; a Patna SDM was hit by mistake.
- Detentions: Five at Patna's Dak Bungalow per ETV Bharat, five in Jehanabad per PTI, and several in Gujarat. No national total was published.
- Internet: Mobile internet suspended in Bharatpur division, Rajasthan.
- Ruling: Unchanged; review petitions dismissed in September 2024.
- Creamy layer: Not applied to SCs and STs; the Centre opposes it in court.
Questions people ask
Why was there a Bharat Bandh on 21 August 2024?
Twenty-one Dalit and Adivasi organisations called it against the Supreme Court's 1 August 2024 ruling allowing states to sub-classify SCs and STs, and against judges' remarks on excluding a creamy layer. They wanted Parliament to pass a law nullifying the ruling.
What did the Supreme Court decide on 1 August 2024?
In State of Punjab vs Davinder Singh, a seven-judge bench held 6:1 that states may sub-classify SCs to give separate quotas to the more backward, based on data. It overruled the 2004 E V Chinnaiah judgment. Justice Bela M Trivedi dissented.
Does the creamy layer now apply to SC and ST reservation?
No. Four judges in the majority spoke in favour of identifying a creamy layer. The Union Cabinet said on 9 August 2024 that the Constitution has no creamy layer provision for SCs and STs, and the Centre repeated this in court in August 2026.
Sources
- PTI via Deccan Herald: States empowered to make sub-classification in SCs, STs for quotas inside reserved category, 1 Aug 2024
- LiveLaw: Scheduled Castes not a homogeneous class, sub-classification one of the means to achieve substantive equality, 1 Aug 2024
- Business Today: Quota within quota: SC approves sub-classification for SCs and STs, overrules 2004 verdict, 1 Aug 2024
- South First: Apex court order in favour of SC sub-classification: CM Revanth Reddy says Telangana would implement it first, 1 Aug 2024
- Business Today: NDA ally Lok Janshakti Party (Ram Vilas) to appeal for review of Supreme Court verdict, 4 Aug 2024
- The Mooknayak: Supreme Court's sub-classification ruling: Reverse the decision, urges Mayawati, Aug 2024
- Deccan Herald: SC sub-categorisation: National parties cautious about reacting to verdict, 5 Aug 2024
- Tribune: Union Cabinet says no to creamy layer for SCs and STs, 9 Aug 2024
- PTI via Deccan Herald: Committed to Constitution, no provision for creamy layers in SC/ST quota: Union Cabinet, 9 Aug 2024
- Deccan Herald: Dalit, Adivasi bodies call for Bharat Bandh on August 21, 20 Aug 2024
- National Herald: Bharat Bandh tomorrow: Dalits, Adivasis demand proportionate representation, 20 Aug 2024
- Business Today: Bharat Bandh on August 21: Dalit, Adivasi groups call for nationwide shutdown today, 21 Aug 2024
- PTI via Deccan Herald: Bharat Bandh impacts life in pockets as roads, tracks blocked; police lathicharge protesters in Patna, 21 Aug 2024
- PTI via Tribune: Bharat Bandh against Supreme Court order on quota most effective in Bihar, Jharkhand, tribal belts, 21 Aug 2024
- PTI via Tribune: Supreme Court order on quota: Bharat Bandh affects life in Bihar, Jharkhand, tribal belts, 22 Aug 2024
- ETV Bharat: Police constable mistakenly beats SDM during Bharat Bandh in Bihar's Patna, 21 Aug 2024
- Akashvani: Bandh called against SC's decision on SC/ST reservation evokes mix response in Bihar, 21 Aug 2024
- Deccan Herald: Rajasthan bears brunt of nationwide bandh, internet services down in parts of state, 21 Aug 2024
- PTI via Deccan Herald: Bharat Bandh over SC/ST reservation evokes mixed response in Jharkhand, 21 Aug 2024
- PTI via Deccan Herald: Bharat Bandh: Road, rail services partially affected in Odisha, 21 Aug 2024
- Business Standard: Mob tries to set school bus with students onboard on fire in Bihar, 22 Aug 2024
- PTI via Deccan Herald: Supreme Court rejects plea for review of Aug 1 judgment on sub-classification of SC/STs, 4 Oct 2024
- LiveLaw: 'No error': Supreme Court refuses to review judgment allowing sub-classification of Scheduled Castes, Oct 2024
- Tribune: Saini announces sub-classification of SCs for job quota, 18 Oct 2024
- The Mooknayak: Haryana government segregates SC reservation, allocates 10% for deprived castes, Oct 2024
- PTI via Deccan Herald: Haryana issues notification on sub-classifications within SCs for granting reservation, 14 Nov 2024
- Deccan Herald: Telangana issues order on Scheduled Castes categorisation for reservations, 14 Apr 2025
- South First: Historic day for Madigas: Sub-categorisation of Scheduled Castes comes into effect in Telangana, 14 Apr 2025
- Deccan Herald: K'taka Cabinet decides to provide internal reservation among SCs, 21 Aug 2025
- The News Minute: Karnataka approves internal reservation within 15% SC quota, Apr 2026
- ThePrint: Opposing PIL, Centre urges Supreme Court to let Parliament decide 'creamy layer' for SC/STs, 6 Aug 2026
- Bar and Bench: Centre opposes income-based quota within reserved categories, says no creamy layer among SC/STs, 6 Aug 2026