Reservation Policy: Creamy Layer within SC/ST Quotas (Polity)
Reservation Policy: Creamy Layer within SC/ST Quotas(Polity)
Why In News:
The government told the Supreme Court that extending the 'creamy layer' concept, currently applicable only to Other Backward Classes (OBCs), to Scheduled Caste (SC) and Scheduled Tribe (ST) reservations is a policy matter for Parliament to decide, while opposing an income-based creamy layer specifically for SC/ST quotas.
Source: The Indian Express, Page 10, 7 August 2026 - 'Extending creamy layer to SC, ST is Parliament's call: Govt to top court'; The Hindu, Page 14, 7 August 2026 - 'Govt. opposes income-based creamy layer in SC/ST quotas'
What is the 'Creamy Layer'?
Meaning: Refers to the relatively better-off members within a backward class who are excluded from reservation benefits, so that benefits reach the truly disadvantaged.
Origin: The concept was evolved in Indra Sawhney v. Union of India (1992), the Mandal Commission case, and applied to OBC reservations.
Current application: Creamy layer exclusion presently applies only to OBC reservations and not to SC/ST reservations.
Recent Legal Development
State of Punjab v. Davinder Singh (2024): A seven-judge Constitution Bench upheld the power of states to sub-classify SC/ST for reservation purposes, with some judges suggesting a creamy layer-like principle could also apply to SC/ST.
Government's stance: Any extension of creamy layer to SC/ST is regarded as a legislative policy choice requiring Parliament's decision, not a matter to be settled purely through judicial directions.
Key Facts for Prelims
Articles 341 and 342: Empower the President to specify the Scheduled Castes and Scheduled Tribes respectively for each state and union territory.
Article 16(4): Enables the state to make provisions for reservation in public employment for backward classes not adequately represented.
Articles 16(4A) and 15(4): Provide for reservation in promotions and in education respectively for SC/ST.
National Commission for Scheduled Castes (Article 338): The NCSC is a Constitutional Body established to protect Scheduled Castes from exploitation and promote their social, educational, economic, and cultural interests.
National Commission for Scheduled Tribes (Article 338A): The NCST is a Constitutional Body established to protect Scheduled Tribes from exploitation and promote their social, economic, educational, and cultural rights, with special focus on tribal development and welfare.