Centre Opposes Income-Based Creamy Layer for SC/ST Reservations
Prelims:
Indian Polity
Mains:
GS Paper II- Polity and governance
Current affairs:
The Union Government, in an affidavit before the Supreme
Court, opposed the introduction of an income-based creamy layer
within Scheduled Castes (SCs) and Scheduled Tribes (STs)
reservations, stating that judicial precedents have held that the concept is not
applicable to these categories.
Highlights:
Historical
Background:
1.
The creamy layer principle originated from the Supreme
Court’s Indra Sawhney v. Union of India (1992) judgment, which
provided for excluding socially advanced sections among OBCs from reservation
benefits.
2. Following the
judgment, the Department of Personnel and Training (DoPT) issued an
Office Memorandum on 8 September 1993 laying down criteria for
identifying the creamy layer among OBCs.
3. The Government of
India has maintained that the creamy layer principle and the criteria
prescribed by DoPT apply specifically to OBC reservations.
Government’s Response:
1.
According to the Union Government's affidavit before
the Supreme Court (2026), judicial precedents have clarified that the
principles of the creamy layer are not applicable to Scheduled
Castes (SCs) and Scheduled Tribes (STs).
2.
It opposed petitions seeking the introduction of an income-based
creamy layer for SC/ST reservations on the lines of the existing system for
Other Backward Classes (OBCs).
Means Test in Welfare Schemes:
1.
The Government stated that most welfare and development
schemes for SCs, STs, and OBCs already use a means test to ensure
that benefits reach eligible and deserving beneficiaries.
2.
However, this means test does not apply to reservations
in educational institutions and public employment.
Need for Empirical Assessment:
1.
The Government argued that any proposal to introduce income-based
preferences within reserved categories should be preceded by a holistic
review, a comprehensive empirical study, collection and analysis of socio-economic
data relating to beneficiaries.
Objective of Reservation Policy:
1.
According to the Government, the reservation policy for SCs,
STs, and OBCs aims to:
i.
Achieve social equality and justice.
ii.
Address historical discrimination and disadvantages.
iii.
Promote economic empowerment of marginalised communities.
iv.
Ensure inclusive participation in education, public
services, and decision-making processes.
Reservation Policy Debate:
2.
The issue gained prominence following the 2024 Supreme
Court judgment in State of Punjab vs Davinder Singh.
3.
While the judgment allowed States to sub-categorise
SC/ST reservations, one of the opinions suggested identifying a creamy
layer within SCs and STs based on criteria distinct from those applied to
OBCs.
Source: THE HINDU - https://www.pressreader.com/india/the-hindu-international-9bn2/20260807/281870125251079?srsltid=AfmBOook4bPL9cmCX_IGwT2MCz6mSysUCKEYOA2jyaFkaA_loZ4vkAJW