Supreme Court Advocates New Policy for Creamy Layer in SC/ST Reservations

The Supreme Court suggests creating a policy to identify the creamy layer within Scheduled Castes (SC) and Scheduled Tribes (ST) and deny them reservation benefits. With a 6:1 majority, the court supports sub-classification for more accurately targeting quotas. Excluding the creamy layer aims for real equality under the Constitution.


Devdiscourse News Desk | New Delhi | Updated: 01-08-2024 18:28 IST | Created: 01-08-2024 18:28 IST
Supreme Court Advocates New Policy for Creamy Layer in SC/ST Reservations
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In a landmark verdict, the Supreme Court has called for the creation of a policy to identify the creamy layer among Scheduled Castes (SC) and Scheduled Tribes (ST) and exclude them from the benefits of reservation. Justice B R Gavai emphasized the need for this policy, arguing that it is essential for achieving true equality as enshrined in the Constitution.

The decision, supported by a 6:1 majority from a seven-judge constitution bench headed by Chief Justice D Y Chandrachud, empowers states to make sub-classifications within SCs and STs for more precise allocation of quotas. This is aimed at uplifting the more underprivileged sections within these communities.

Justice Gavai and other concurring justices assert that those in the creamy layer should not benefit from reservation policies, highlighting the necessity of a periodic review to ensure fair distribution. The ruling revisits the 2004 judgement in the EV Chinnaiah case, which previously ruled that all SCs and STs acted as homogeneous groups.

(With inputs from agencies.)

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