Supreme Court seeks response from central, state governments on ‘Creamy layer’ in SC/ST reservation

On Monday, the Supreme Court heard a Public Interest Litigation (PIL)] on the inclusion of  ‘creamy layer’ in SC/ST reservation. A bench of Chief Justice Suryakant and Justice Joymalya Bagchi  issued a notice to the central and all state governments to give a response on the matter.​

The petition has demanded the implementation of the creamy layer system in SC and ST reservation as well. The petition argues  is that if a family member from the SC and ST categories gets a government or constituent post, their children should not get the benefits of reservation.

It argues that in the current system, only a few generations of families are getting their benefits of reservations.

The petition has demanded the implementation of the creamy layer system in SC and ST reservation as well.

SC's earlier ruling on sub-categorisation

Justice BR Gavai, part of the seven-judge bench, had earlier observed that states should also develop a policy to identify the creamy layer within SC and ST groups and deny them the benefits of reservation.

After observing this, on  August 1, 2024, overturning its own 20-year-old ruling, the Supreme Court held that state governments could create sub-categories within the SC quota.

Centre's stand: No creamy layer in SC/ST quota

On August 9, 2024, the Union government announced it would not apply the creamy layer concept to SC/ST reservations. After a Cabinet meeting, Union Minister Ashwini Vaishnaw said the NDA government was bound by the Constitution framed by BR Ambedkar, which does not contain any provision for a creamy layer in SC/ST quota.