Last Updated on August 5, 2024 by NewsDesk SLC
The Supreme Court has highlighted the importance of excluding the ‘creamy layer’ from reservations for Scheduled Castes (SC) and Scheduled Tribes (ST). This move aims to ensure that benefits reach the most disadvantaged within these communities.
The ruling, which was a part of a larger judgment permitting sub-classification of SCs, had a six-judge bench led by Chief Justice DY Chandrachud talking about the need for the ‘detariffing’ of reservations all over again. Out of six judges, four judges have supported the applicability of the creamy layer concept in the SC/ST categories that are not applied to OBCs at the time of judgment.
Justice BR Gavai, in his observations, emphasized that it is unfair to equate children of the SC(Scheduled Castes) who got benefits of reservation with those who did not, as it takes away constitutional equality. He noted that there was a need to come up with different standards for implementing the creamy layer concept for SC/STs and OBCs. Justice Satish Chandra Sharma concurred with the views expressed by Justice Gavai by saying that correction of the ‘creamy layer’ within the SC/ST communities should be made as one of the major activities left to the State to fairly discharge.
Justice Pankaj Mithal even pointed out that reservation should be only for the first generation. He also opined that if one of the family members has secured an elevated status through reservations, the next generations should not be privileged to the same opportunity.
This rationale is based on the understanding that social and economic differentiation exists within SC/ST groups. In this way, the court tried to target affirmative action to those who still experience substantial discrimination, which constitutional concept of equality for a reason of substantive equality requires. However, it has generated considerable debate on applicability and definition of creamy layer within the SC/ST communities.
Case Law: State Of Punjab And Ors. v Davinder Singh And Ors. C.A. No. 2317/2011
Written By: Amit Kumar Patra.
