Today(on August 1st), The Supreme Court of India has called for identifying the “creamy layer” within Scheduled Castes and Scheduled Tribes to exclude more privileged individuals from reservation benefits. This measure seeks to ensure that affirmative action supports the most disadvantaged members of these groups.
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NEW DELHI: Today(on August 1st), The Supreme Court of India has advocated for the identification of the creamy layer among the Scheduled Castes and Scheduled Tribes (SC/STs). This move aims to exclude the more privileged individuals within these groups from the benefits of reservation, ensuring that affirmative action truly benefits the most disadvantaged members.
Currently, the creamy layer principle is applied only to Other Backward Classes (OBCs) and not to SC/STs. However, this could change following the recent deliberations by the Supreme Court. Out of the seven-judge bench, four judges have endorsed the idea of applying the creamy layer principle to SC/STs to ensure that the benefits of reservation are received by those who are genuinely in need.
Justice BR Gavai, in his concurring judgment, emphasized the ultimate goal of reservations in achieving true equality in the country.
He stated-
“The state must develop a policy to identify and exclude the creamy layer within the SC/ST category from affirmative action (reservation) to achieve genuine equality.”
Justice Vikram Nath also supported this perspective, suggesting that the criteria for excluding the creamy layer among SCs could differ from those applicable to OBCs.
“I concur with Justice Gavai’s view that the creamy layer principle should apply to Scheduled Castes and Scheduled Tribes as well, though the criteria for excluding the creamy layer in affirmative action may differ from those used for Other Backward Classes.”
– he explained.
Justice Pankaj Mithal echoed similar sentiments, advocating that reservations should be targeted primarily at the first generation within a category.
He elaborated-
“Reservation should apply only to the first generation within a category; if the second generation has advanced, they should not receive reservation benefits. The State should assess whether the second generation has reached parity with the general category after benefiting from reservations.”
Adding to these views, Justice Satish Chandra Sharma declared that the identification of the creamy layer among SC/STs must become a constitutional imperative to maintain the efficacy and fairness of affirmative action policies.
Notably, two judges on the bench, Chief Justice of India DY Chandrachud and Justice Manoj Misra, refrained from expressing any opinion on this matter. However, Justice Bela Trivedi delivered a dissenting judgment.
The ongoing debate about continuing reservations for subsequent generations who have already benefited from them was a significant point during the case hearing in February.
Justice Gavai highlighted this concern, saying-
“When an individual from a Scheduled Caste or Scheduled Tribe attains positions such as IAS, IPS, or IFS, their children no longer face the same disadvantages as those from the category residing in rural areas. However, due to reservation policies, their descendants continue to benefit from reservations in subsequent generations.”