Supreme Court of India: Creamy Layer Exclusion in SCs/STs Reservations
The Union government opposes petitions seeking a creamy layer exclusion within the reserved categories of Scheduled Castes (SCs) and Scheduled Tribes (STs), similar to Other Backwards Classes (OBC).
Government's Argument
- Judicial Precedents: Established that the principles of the creamy layer do not apply to SCs and STs.
- Means Test: Most welfare and development schemes for SCs, STs, and OBCs, except reservations in educational institutes and state services, already have a means test to ensure deserving beneficiaries.
Supreme Court Involvement
- In February, the Supreme Court issued a notice on the petitions, asking the Union government for an Action Taken Report on sub-categorisation among SCs and STs.
- No Action Taken Report appears to have been filed with the affidavit.
Affidavit Highlights
- Holistic Review: Modifying reservation policy to introduce income-based preferences requires a comprehensive review and empirical study.
- Reservation Objectives: Aim to achieve social equality, economic empowerment, and inclusive participation for marginalized communities.
Criticism of Petitions
- The government claims the petitioners misrepresented facts to mislead the court.
- The judgment cited in the M. Nagaraj case was viewed as a general observation regarding OBC reservations.
Judicial Developments
- The debate over introducing a creamy layer concept for SCs and STs intensified after a 2024 judgment in State of Punjab vs Davinder Singh.
- Justice B.R. Gavai noted the need for identifying a creamy layer for SCs and STs, possibly with different criteria than OBCs.
Centre's Position on Sub-Categorisation
- The Centre remains uncertain about wielding sub-categorising powers nationally.
- Only Parliament can modify the SC and ST lists, not the court, as per the Centre's affidavit.
- The Davinder Singh judgment differentiated between Parliament's power to alter these lists and the Executive's power to categorise within them.
