SC seeks Centre’s reply on creamy layer issue
The Supreme Court on Tuesday asked the Centre to file its response to the pleas seeking a direction to lay down criteria for exclusion of the creamy layer of the Scheduled Castes and the Scheduled Tribes from availing benefits of reservation in admissions and public employment.
A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and NV Anjaria was hearing the petitions filed by O P Shukla and the Samta Andolan Samiti seeking enforcement of the landmark judgement of August 1, 2024, on reservation.
It asked the Centre to file its response on the pleas and said that they will be taken up after some time.
The creamy layer principle was laid down in the famous Mandal Commission judgement and under the principle, the affluent people among OBCs were barred from taking quota benefits in admissions and jobs.
In a landmark verdict, a seven-judge constitution bench headed by the then Chief Justice D Y Chandrachud, by a majority of 6:1, held that states are constitutionally empowered to make sub-classifications within the Scheduled Castes (SC), which form a socially heterogeneous class, for granting reservation for the uplift of castes that are socially and educationally more backward among them.
Justice BR Gavai (since retired), who was also part of the majority opinion, had held that the “finding of M Nagaraj, Jarnail Singh and Davinder Singh to the effect that creamy layer principle is also applicable to Scheduled Castes and Scheduled Tribes lays down the correct position of law”.
Relying on the judgement, Shukla sought a direction to the Centre and the states to “comply with the directions laid down by the 7-judge constitution bench in State of Punjab & Ors. V. Devender Singh & Ors. 2024 INSC 562 dated 01.08.2024”.
“Direct the Union of India and respective States to collect data on the inadequacy of representation of sub-classified Scheduled Castes and Scheduled Tribes in the ‘services of the Union/State’ vis-a-vis the larger Class of Scheduled Caste/Scheduled Tribe,” the plea said.
One of the pleas, also sought a direction to the Centre and states to “lay down the objective criteria for exclusion of the creamy layer from the SCs, and STs for the purpose of affirmative action”.
It also sought fixation of a timeframe so as to come to the aid of the more ‘disadvantaged’ status of the sub-group of SCs and STs to which such preferential treatment is sought to be provided.
