Ashwini Vaishnav, the union minister of Information and Broadcasting, said that there is no provision for creamy layer in SC/ST reservation in Babasaheb Ambedkar’s constitution while addressing the media on Friday, and that the NDA government is committed towards following that constitution.
These remarks came after the Supreme Court ruled that the power to sub-classify SC/ST categories rests upon the state.
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Defining Creamy Layer
Creamy layer is not the same thing as sub-classification or sub-categorization. The former stands for the population composition of a given reserved category (SC) along with various socio-economic or other criteria, and the latter signifies community/caste-wise subdivisions within SC. The concept of the creamy layer is slightly different than caste-wise classification because it means a group that is among all, but in terms of some criteria, they are better off than the rest of the people.
The creamy layer is an income limit on people availing reservations in government jobs and education. SCs and STs are left out of this as it was contended that their backwardness is based on untouchability for which economic improvement would be no panacea.
Supreme Court’s verdict
The Court held that SCs, included in the Schedule notified under Article 341 of the Constitution, would be entitled to “proportionate reservation in each and every service within a state,” but also added provisional support even for sub-classification at the state level without disturbing their original status. The states were are now allowed to sub-classify these categories within the 15% reservation quota. The CJI noted that there is a difference between “sub-classification” and “sub-categorization,” saying such classifications should not be used for political appeasement but to actually uplift those falling under the categories.
Now states will have the power to introduce sub-classification rules, paving the way for more precise and effective reservation strategies. Supporters argue that the constitutional pledge of social justice can be met by giving benefits to those who really need them, backed up both numerically and politically. However, it is contended that sub-classification may dilute the uniform status of SCs and STs as recognized in the Presidential list, potentially leading to further division and exacerbating inequalities within the SC community.
Centre’s response
The Union Cabinet on Friday cleared that the concept of the creamy layer is not applicable to reservations for Scheduled Castes (SC) and Scheduled Tribes (ST). Conveying a firm message in this regard, official sources said today all central ministries have been told to understand that such a “notion does not exist” and to prepare their executive orders accordingly.
BJP MP Faggan Singh Kulaste, who had met Prime Minister Narendra Modi, is learned to have expressed worries over the Supreme Court order on identifying and excluding the creamy layer within SCs/STs from reservation benefits. Kulaste said that the Prime Minister agreed that the court’s decision shall not be implemented. BJP MPs belonging to Scheduled Caste (SC) and Scheduled Tribe (ST) communities given assurances by the PM that no ‘creamy layer’ criteria will be applicable to jobs and educational institutions for the seats reserved for Scheduled Castes.
I&B Minister, Ashwini Viashnaw, while addressing the media stressed that these constitutional rules are sacrosanct for the National Democratic Alliance (NDA) government, and it will always follow Dr. Ambedkar’s principles in implementing reservation policies to better serve SC/STs.
“The Supreme Court recently gave certain solutions in a judgment on SC, ST reservation. The Cabinet had a detailed discussion on this subject today and the NDA government has committed itself to the constitutional rules laid down by Ambedkar. Ambedkar also stated that there cannot be a creamy layer in SC, ST reservation as per the constitutional provisions. Cabinet’s view is that the government will abide by constitutional provisions on SC, ST reservation as envisaged by Ambedkar”, said Vaishnaw.
The position of the Cabinet comes amid a continued debate over reservations and what recent judicial observations mean for these provisions.
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