The Supreme Court has asked the Centre to respond to pleas seeking clear criteria for excluding the creamy layer among Scheduled Castes and Scheduled Tribes from reservation benefits. The petitions rely on the 2024 Constitution Bench verdict allowing sub-classification within SCs and STs to ensure benefits reach the most backward groups.
New Delhi: The Supreme Court of India on Tuesday asked the Central Government to file its response on petitions seeking clear guidelines for excluding the “creamy layer” among Scheduled Castes (SCs) and Scheduled Tribes (STs) from availing reservation benefits in admissions and public employment.
A Bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice N.V. Anjaria was hearing petitions filed by O.P. Shukla and the Samta Andolan Samiti.
The petitions seek enforcement of the landmark Constitution Bench judgment delivered on August 1, 2024, which dealt with the issue of sub-classification within Scheduled Castes for the purpose of reservation.
During the hearing, the Bench directed the Centre to place its response on record. The Court observed that the matter would be taken up for consideration after the government files its reply.
The petitions rely heavily on the principle of “creamy layer”, which was originally evolved in the Mandal Commission judgment. Under this principle, socially and economically advanced persons within Other Backward Classes (OBCs) are excluded from reservation benefits so that affirmative action reaches those who are genuinely disadvantaged.
In its August 1, 2024 verdict, a seven-judge Constitution Bench of the Supreme Court, by a majority of 6:1, held that States have the constitutional power to create sub-classifications within Scheduled Castes, recognising that SCs are not a homogeneous group and that some castes among them are more socially and educationally backward than others.
The Constitution Bench was headed by former Chief Justice of India D.Y. Chandrachud. Justice B.R. Gavai, who was part of the majority opinion and has since retired, had clearly stated that earlier rulings of the Court had already settled the legal position on the applicability of the creamy layer principle to SCs and STs.
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Justice Gavai had held that the
“`Findings of M Nagaraj, Jamail Singh and Davinder Singh to the effect that creamy layer principle is also applicable to the Scheduled Castes and the Scheduled Tribes lays down the correct position of law”.
Relying on this judgment, petitioner O.P. Shukla has sought directions to both the Union Government and State Governments to implement the ruling of the Constitution Bench in letter and spirit. The plea specifically refers to the judgment titled State of Punjab & Ors. v. Devender Singh & Ors.
The plea seeks a direction to authorities to
“comply witt the directions laid down by 7-judge constitution bench in State of Punjab & Ors.v. Devender Singh 8 Ors 2024 INSC 562 dated 01.08.7094”.
It further asks the Court to direct the Centre and the States to undertake a detailed data-based exercise to assess representation of different sub-groups within Scheduled Castes and Scheduled Tribes in public services.
The petition states,
“Direct the Union of India and respective States to collect data on the inadequacy of representatior of sub-classified Scheduled Castes and Scheduled Tribes in the ‘services of the Union/State’ vis-a- vis the larger Class of Scheduled Caste/Scheduled Tribe,”.
One of the pleas also specifically seeks the framing of clear and objective standards for excluding the creamy layer from SCs and STs for the purpose of reservation. The petition urges the Court to ensure that reservation benefits reach the most marginalised sections within these communities.
The plea seeks a direction to the authorities to
“lay down the objective criteria for exclusion of the creamy layer from the SCs, and STs for the purpose of affirmative action”.
In addition, the petition calls for fixing a definite timeline for implementing these measures so that more disadvantaged sub-groups among SCs and STs are not left behind due to delay in policy implementation.
It also seeks fixation of timeframe so as to come to the aid of the more ‘disadvantaged status of the sub-group of SCs and STs to which such preferential treatment is sought to be provided.
The matter is expected to be taken up for further hearing after the Central Government submits its response.
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