SC Proposes Reservation Policy Change: Exclusion of Creamy Layer in SC/ST Categories

A landmark Supreme Court judgment has authorized states to sub-categorize Scheduled Castes (SC) and Scheduled Tribes (ST) within their reservation quotas. This decision aims to provide more targeted benefits to the most marginalized sections within these communities.

Creamy Layer for SC/STs: A Step Towards Equality

A significant aspect of the judgment is the endorsement of the “creamy layer” concept for SC/ST reservations by four of the seven judges. This means states will need to identify and exclude those from higher socioeconomic backgrounds within these communities from availing reservation benefits. This move is expected to ensure that the advantages of reservation reach those who genuinely require them, promoting a more equitable distribution of opportunities.

Historical Context and Overruling of Previous Judgments

This judgment marks a significant shift from the Supreme Court’s 2005 ruling in the case of E.V. Chinnaiah vs. State of Andhra Pradesh, which held that subcategorization and the application of the creamy layer concept within SC/ST reservations were impermissible. The 2005 ruling argued that such measures could exacerbate divisions within SC/ST communities.However, the recent ruling overturns this precedent, recognizing that subcategorization is necessary to ensure equitable distribution of reservation benefits.

The Court acknowledged that discrimination persists within SC/ST communities based on surnames and other factors, and a subcategorization approach would better target assistance to the most marginalized groups.The Court clarified that subcategorization does not violate Article 341 of the Constitution. It directed states to base any subcategorization on empirical data, ensuring that these decisions are not influenced by political considerations.

Reactions to the Judgment

The judgment has elicited mixed reactions. Some political leaders and parties, including those from the Congress and Akhilesh Yadav, have expressed opposition, arguing that even those who have benefited from reservations continue to face societal discrimination. They contend that the creamy layer concept may not effectively address these deeper issues of social inequality and could undermine the solidarity within SC/ST communities.

The Supreme Court’s ruling represents a significant development in India’s reservation policy, aiming to refine the system to better serve those in need. By introducing the creamy layer concept within SC/ST reservations, the Court seeks to ensure a fairer and more targeted distribution of benefits, fostering genuine social and economic upliftment.