Union Government’s Stand on Creamy‑Layer for SC/ST
The Union government has told the Supreme Court that a "creamy layer" exclusion cannot be applied to the Scheduled Castes (SC) and Scheduled Tribes (ST). This comes after a series of petitions seeking such an exclusion, following the August 2024 Davinder Singh judgment.
Key Developments
- The government reiterated its opposition to a creamy‑layer concept for SC/ST quotas during the ongoing Supreme Court proceedings.
- The petitions invoke the Indra Sawhney precedent to argue for similar exclusion in SC/ST.
- The Court has asked the Centre for a report on actions taken after the Davinder Singh judgment, linking sub‑categorisation with creamy‑layer.
- The anti‑reservation movement RHA is gaining momentum, adding political pressure.
Important Facts
1. Sub‑categorisation allows states to divide the existing SC/ST quota among weaker sub‑groups to prevent crowding out by relatively forward communities.
2. The creamy‑layer tool, first introduced for OBCs in the Indra Sawhney case, excludes individuals whose families have crossed a socio‑economic threshold.
3. The Centre argues that exclusion of any community or individual from SC/ST benefits is a parliamentary power, not a judicial directive.
4. While the central government has not applied sub‑categorisation nationally for SC/ST, it has done so for STs in