'Exclude Creamy Layer SCs, STs From Reservations': Supreme Court

New Delhi: In a landmark judgement regarding the sub-classification of the Scheduled Castes, the Supreme Court said that the Centre and the state governments in the country must identify the ‘creamy layer’ in the Scheduled Castes and Scheduled Tribe communities adding that this section should be barred from availing reservation benefits. 

While pronouncing the verdict, Justice BR Gavai urged that states must develop a policy to identify and exclude the 'creamy layer' among Scheduled Castes and Tribes from affirmative action benefits. 

Identify Creamy Layer in SCs, STs

SC Judge mentioned that this measure is crucial for attaining true equality as outlined in the Constitution. He argued that the children of those who have benefited from reservations should not be treated the same as those who have not.

Justice BR Gavai explained that an SC/ST person would continue to be socially, economically and educationally backward if he or she could only achieve the position of a peon or a sweeper through reservation.

In contrast, those who have used quota benefits to attain high positions should be regarded as part of the creamy layer, as they have reached a level where they should voluntarily forgo special provisions and make room for those who are more deserving and in need, Judge noted.

What Justice Gavai Said 

“State must evolve a policy for identifying the creamy layer even from the Scheduled Castes and Scheduled Tribes so as exclude them from the benefit of affirmative action... the criteria for exclusion of the creamy layer from SC/ST for the purpose of affirmative action could be different from the criteria as applicable to the Other Backward Classes (OBCs),” Justice Gavai, a member of the seven-judge Bench, held.

The remarks made by Justice Gavai were also endorsed by Justice Vikram Nath and Justice Satish Chandra Sharma and also agreed by Chief Justice of India DY Chandrachud.  

“The CJI has agreed to my conclusions. I have referred to speech of Dr Ambedkar in 1949 where he said unless we have social democracy there is no use of political democracy. I observe that this court in Indira Sawhney has held that sub-classification in more backward classes etc is permitted; in the same way, if state comes to a conclusion that a caste is not well represented then it is the duty of the state to give preferential treatment to backward classes and, if only a few enjoy benefits among SC/ST, then cannot the state step in? Yes, it can,” he added.

Creamy Lawyer Concept and Its History 

The Supreme Court in Indra Sawhney & Others vs Union of India 1992 case while upholding the 27 per cent quota for backward classes,  proclaimed that the advanced sections among the OBCs (i.e, the creamy layer) must be excluded from the list of beneficiaries of reservation. It also held that the concept of the creamy layer must be excluded for SCs & STs.

As of now, the annual income limit of the family from all sources for the EWS group of the General category for availing the benefit of reservation is fixed at Rs 8,00,000. 

The annual parental income limit for the sections of the Other Backward Classes, who do not fall with the other conditions prescribed for determination of Creamy Layer, is Rs 8 lakh.