Supreme Court calls for 'creamy layer' exclusion in SC/ST reservations
In a landmark judgment, the Supreme Court ruled that the 'creamy layer' among Scheduled Castes and Scheduled Tribes should be excluded from reservation benefits.
- Aug 01, 2024,
- Updated Aug 01, 2024, 7:26 PM IST
A landmark judgment by the Supreme Court has called for the exclusion of the 'creamy layer' among Scheduled Castes (SCs) and Scheduled Tribes from reservation benefits. The verdict, which allows sub-classification within SCs, was delivered by a seven-judge bench led by Chief Justice DY Chandrachud.
Four out of six judges supporting sub-classification explicitly stated that the creamy layer principle should apply to SCs. Currently, this concept is only applicable to Other Backward Classes (OBCs).
Justice BR Gavai, in his judgment, emphasised the need for equality among unequals: "The State must evolve a policy for identifying the creamy layer even from the Scheduled Castes and Scheduled Tribes so as to exclude them from the benefit of affirmative action. In my view, only this and this alone can achieve the real equality as enshrined under the Constitution."
Justice Gavai argued that children of SC individuals who have already benefited from reservations should not be treated the same as those who haven't. He suggested different criteria for identifying the creamy layer among SCs/STs compared to OBCs.
Justice Pankaj Mithal proposed limiting reservation benefits to the first generation, stating, "If any member of the first generation has reached a higher status through reservation, then the 2nd generation should not be entitled to reservation."
The judgment has reignited debates about the effectiveness and fairness of the current reservation system. Justice Mithal called for a "fresh re-look" at reservation policies and the development of new methods to uplift disadvantaged communities.
This ruling builds on previous Supreme Court observations, including the 2018 Jarnail Singh case, which suggested applying the creamy layer concept to SCs/STs in the context of promotion reservations.
The court's decision aims to ensure that reservation benefits reach the most disadvantaged within the SC community, potentially reshaping affirmative action policies in India.