Creamy Layer in SC/ST Reservation:
The Supreme Court is examining fresh petitions seeking to apply the “creamy layer” principle to SC/ST reservations, a move that misinterprets the State of Punjab v. Davinder Singh Case, 2024. It revives the contentious question of whether economic status can override caste-based social disadvantage.
- It is a landmark judgment that has fundamentally reshaped the legal landscape of reservations in India by addressing the internal diversity within the Scheduled Castes (SCs) and Scheduled Tribes (STs).
- In a 6:1 majority verdict, the Supreme Court held that state governments have the power to create sub-classifications within the Scheduled Castes and Scheduled Tribes for the purpose of granting preferential reservation benefits.
- Key Highlights of the Judgment:
- Overruled E.V. Chinnaiah (2004): The Court overruled its previous decision in E.V. Chinnaiah v. State of Andhra Pradesh Case 2004, which had held that SCs were a “homogeneous” group and could not be subdivided.
- Substantive Equality: The SC/ST categories are not uniform blocks. Some sub-groups are “more backward” and have not benefited from reservations as much as others. Sub-classification is seen as a tool to achieve true equality for the “weakest of the weak.”
- Empirical Data Requirement: The Court mandated that any sub-classification must be based on quantifiable and empirical data showing inadequate representation and relative backwardness. It cannot be done based on political whims.
- The “Creamy Layer” Debate: 4 of the 7 judges expressed the view that the “creamy layer” principle (excluding the relatively affluent/advanced members of a backward class from reservation) should also be applied to SCs and STs to ensure benefits reach the truly needy.
- Legislative Competence: The Court clarified that while only the President (under Article 341) can identify which castes belong in the SC list, the states have the power under Articles 15(4) and Articles 16(4) to decide how to distribute reservation benefits among those identified castes.
