New Delhi, Jan 12 (NationPress) The Supreme Court on Monday issued a notice to the Centre and all state governments regarding a public interest litigation (PIL) aimed at enforcing the “creamy layer” principle within reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs).

A Bench consisting of Chief Justice of India (CJI) Surya Kant and Joymalya Bagchi requested responses from both the Union government and state governments concerning a writ petition filed under Article 32 of the Constitution by advocate Ashwini Kumar Upadhyay.

During the court proceedings, Upadhyay argued that if a member of an SC/ST family has secured a constitutional or high-ranking government post, their children should be ineligible for reservation benefits.

He expressed that the persistent allocation of reservations to socially and economically advanced families within SC/ST categories undermines the fundamental aim of affirmative action.

The petition highlighted that reservations were originally instituted as a temporary remedy to assist those suffering from deep-rooted social, educational, and economic disadvantages, but over time, an elite segment has emerged within the SC/ST communities, achieving both social mobility and economic stability.

Despite these advancements, the petition asserts, these privileged sections continue to monopolize reservation benefits, consequently marginalizing the most vulnerable members of the community.

Referencing the debates of the Constituent Assembly, the petition noted that reservations were never intended to evolve into a hereditary or universal entitlement. It cited the views of Dr. B.R. Ambedkar and other architects of the Constitution, indicating that affirmative action should be dynamic and subject to periodic assessments.

The petition further contended that not excluding the creamy layer has severe national, social, and economic ramifications, including the elite capturing benefits, diminishing administrative efficiency, and violating constitutional principles of equality, justice, and fraternity.

It also referenced the Constitution Bench ruling in State of Punjab vs. Davinder Singh, acknowledging that Scheduled Castes do not form a homogeneous class and that reservation benefits should specifically aid the “weakest of the weak”.

In a pivotal ruling on August 1, 2024, a 7-judge Constitution Bench led by then Chief Justice D.Y. Chandrachud proposed implementing the “creamy layer” principle for SCs and STs to access quota benefits. However, the government was cautioned that while sub-classification is permissible, it cannot reserve 100% of seats for a specific sub-class, thereby excluding others.

Justice B.R. Gavai, in his opinion, questioned, “If the 9-Judge Bench in Indra Sawhney determined that applying such a test (creamy layer test) for Other Backward Classes would enhance equality as enshrined in the Constitution, why shouldn’t this test also apply to Scheduled Castes and Scheduled Tribes?”

He further observed, “Can the child of IAS/IPS or Civil Service officers be equated with a child from an underprivileged Scheduled Caste member studying in a Gram Panchayat/Zilla Parishad school?”

This perspective was echoed by Justices Vikram Nath, Pankaj Mithal, and Satish Chandra Sharma, who emphasized the necessity for the government to formulate a policy to identify the creamy layer within SCs and STs, thereby excluding them from affirmative action benefits. However, shortly after the verdict, the Union Cabinet, led by Prime Minister Narendra Modi, reviewed the judgment and asserted that the Constitution does not provide for a creamy layer within SC and ST reservations.

Union Information and Broadcasting Minister Ashwini Vaishnaw stated that the NDA government remains committed to the constitutional provisions, asserting that “according to the Constitution established by B.R. Ambedkar, there is no provision for a creamy layer in SC-ST reservations.”