The Supreme Court on Monday heard a Public Interest Litigation (PIL) seeking the inclusion of the ‘creamy layer’ concept in Scheduled Caste (SC) and Scheduled Tribe (ST) reservations. A bench comprising Chief Justice Suryakant and Justice Joymalya Bagchi issued notices to the Union government and all state governments, asking them to respond to the plea.
The petition seeks implementation of the creamy layer system in SC and ST reservations, arguing that if a member of an SC or ST family secures a government or constitutional post, their children should not continue to avail reservation benefits. It contends that under the present system, reservation benefits are being cornered by only a few families across generations.
Noting these concerns, the Supreme Court on August 1, 2024, had earlier overturned its own 20-year-old judgment and 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 clarified that it would not apply the creamy layer concept to SC/ST reservations. Following a Cabinet meeting, Union Minister Ashwini Vaishnaw said the NDA government was guided by the Constitution framed by Dr B R Ambedkar, which does not provide for a creamy layer within SC/ST quotas.