SC/ST Creamy Layer: A New Turn in Reservation Policy? Supreme Court Notice Sparks Debate
SC/ST Creamy Layer: India’s reservation policy is currently at a critical juncture. The Supreme Court has asked the Central Government for its stance on whether the ‘creamy layer’ concept, currently applicable to Other Backward Classes (OBC), should be extended to Scheduled Castes (SC) and Scheduled Tribes (ST). This move has ignited a fresh debate about the future of India’s reservation policy.
The Core Issue
A Public Interest Litigation (PIL) was recently filed in the Supreme Court, arguing that affluent individuals within the SC and ST communities should be excluded from reservation benefits, similar to the policy for OBCs. Based on this petition, the apex court has issued a notice to the Central Government, asking it to clarify its position by October 10th. This development has brought the fundamental purpose of reservation to uplift the genuinely disadvantaged back into focus.
What is the ‘Creamy Layer’?
The concept of the ‘creamy layer’ was first introduced in the historic 1992 ‘Indira Sawhney case’. Its primary objective is to prevent the socio-economically advanced members of a backward class from availing reservation benefits, thereby ensuring that these benefits reach the most deserving and marginalized sections of that community. Currently, for individuals not in government jobs, an annual income of over ₹8 lakh is considered to be within the OBC ‘creamy layer’.
‘Creamy Layer’ in SC/ST Reservation
Until now, the ‘creamy layer’ principle for SCs and STs has only been applied in the context of promotions in government jobs, a point clarified by the Supreme Court in the 2018 ‘Jarnail Singh case’. However, in the 2024 ‘State of Punjab vs. Davinder Singh’ case, a seven-judge Constitution Bench empowered state governments to create sub-classifications within SC/ST categories to ensure benefits reach the most deprived. Following this, the Union Cabinet, led by Prime Minister Narendra Modi, stated that there was no plan to introduce the ‘creamy layer’ for SC/ST reservations, asserting that only the Parliament has the authority to make such a decision.
The New Petition and the ‘Two-Tier’ System
The new petition, filed by Ram Shankar Prajapati and Yamuna Prasad, proposes a ‘two-tier’ reservation mechanism. Under this system, the economically weaker individuals within the SC/ST communities would receive a larger share of the reservation quota. This approach does not aim to reduce the overall reservation percentage but to ensure a more equitable distribution among the beneficiaries.
Arguments For and Against
- Proponents argue: This system is necessary to ensure that the benefits of reservation reach the truly deprived and are not monopolized by the affluent, which would be contrary to the spirit of the Constitution.
- Opponents argue: Caste-based stigma and social exclusion persist in Indian society, and economic status alone cannot be a measure of backwardness. They also raise concerns about potential administrative complexities and misuse.
This situation raises challenging questions about the judiciary’s role, the differing application of the ‘creamy layer’ concept for OBCs versus SCs/STs, and the difficulty of measuring ‘advancement’ solely based on income. The Supreme Court’s notice and the subsequent stance of the Central Government could lead to a landmark change in India’s reservation policy.
