‘No provision for creamy layer’: Centre on SC rule regarding reservations
The Supreme Court on August 1 ruled that states must identify the creamy layer within SCs and STs and exclude them from quota benefits.
Union Minister Ashwini Vaishnaw said on Friday that the Narendra Modi-led NDA government is committed to upholding the Constitution drafted by BR Ambedkar and that it does not include a provision for a creamy layer within the reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs).
“The Union Cabinet under the leadership of the Prime Minister Modi discussed the Supreme Court's suggestion regarding reservations. The Cabinet is of the opinion that the NDA government will adhere to the provisions of the Constitution drafted by Baba Saheb Ambedkar. The Constitution does not provide for a creamy layer within reservations for SCs and STs,” said Vaishnaw.
He said the Union Cabinet believes that reservations for SCs and STs should be in accordance with the Constitution of India.
The Supreme Court on August 1 ruled that states must identify the creamy layer within Scheduled Castes and Scheduled Tribes and exclude them from quota benefits.
The apex court also issued a majority judgment allowing sub-classification within SC and ST reservations, overturning its earlier order in the EV Chinnaiah case, which had deemed such sub-classification impermissible due to SCs and STs being considered ‘homogenous classes’.
‘Ensure reservations benefit the most deserving’
Justices BR Gavai, Vikram Nath, Pankaj Mithal, and Satish Chandra Sharma emphasised that a creamy layer system similar to that used for Other Backward Classes (OBCs) should be implemented to ensure that reservations benefit the most deserving individuals among SCs and STs.
“When the nine-judge bench in Indra Sawhney decided that applying such a test for OBCs would promote equality as per the Constitution, why shouldn't this test also apply to SCs and STs?” Justice BR Gavai asked.
The creamy layer refers to individuals above a certain income level— ₹8 lakh per annum for OBCs—who are excluded from quota benefits.
Earlier, BJP MP Faggan Singh Kulaste said that Prime Minister Narendra Modi opposes the proposed sub-classification within Scheduled Castes and Scheduled Tribes.