Centre Tells Supreme Court Creamy Layer Rule Does Not Apply to SC/ST Reservation
Summarized by AI; it may make mistakes. Check important info
Summarized by AI; it may make mistakes. Check important info
The Central Government has told the Supreme Court that the creamy layer principle is not applicable to reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs), and has opposed petitions seeking its implementation in government jobs.
In an affidavit filed before the apex court, the Centre said the public interest litigations (PILs) seeking a creamy layer criterion for SC-ST reservation did not disclose any violation of fundamental rights.
The affidavit was filed in response to petitions that argued reservation benefits should be distributed more equitably among economically weaker members of SC and ST communities.
Petitions Sought Exclusion of Children of Senior Officials
On August 11 last year, the Supreme Court issued notices to the Centre and state governments on petitions filed by Ramashankar Prajapati and others.
The petitioners argued that if a member of an SC or ST family had already secured a constitutional post or a senior government position, their children should not continue to receive reservation benefits. They contended that such a restriction would help reservation benefits reach the “economically weaker” and “truly needy” sections within these communities.
The petitions also sought the creation of a sub-category for economically backward persons within the SC and ST categories.
Centre Says Parliament Alone Can Alter SC/ST Lists
The Ministry of Social Justice and Empowerment stated in its affidavit that any change to the list of Scheduled Castes and Scheduled Tribes can be made only by Parliament.
Referring to Articles 341 and 342 of the Constitution, the government said Parliament alone has the authority to include or exclude any caste or tribe from the SC and ST lists.
The Centre also cited the Supreme Court’s judgment in the Indira Sawhney case, stating that the identification of SCs, STs and Other Backward Classes (OBCs) is based on historical, social and educational backwardness rather than solely on economic criteria.
Income Limits Already Exist in Welfare Schemes
The government further said that income ceilings are already prescribed in many welfare schemes meant for SCs, STs and Socially and Educationally Backward Classes (SEBCs) to ensure that benefits reach genuinely needy beneficiaries.
According to the affidavit, the petitioners had not specified which schemes should be altered or how the proposed changes would improve the condition of people living below the poverty line.
The matter is expected to come up for further hearing before the Supreme Court in the coming days.
