By tazza24.com 
In a landmark judgment, the Supreme Court has ruled in favor of the sub-classification of Scheduled Castes (SCs), asserting the need to exclude the ‘creamy layer’ from reservation benefits intended for the SC categories. Currently, the ‘creamy layer’ concept is applied only to reservations for Other Backward Classes (OBCs).
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The Judgment:
The ruling was delivered by a bench comprising Chief Justice of India DY Chandrachud, and Justices BR Gavai, Vikram Nath, Bela Trivedi, Manoj Misra, and Satish Chandra Sharma. Six judges upheld sub-classification, with Justice Trivedi dissenting.
Key Endorsements for Creamy Layer Exclusion:
Four out of the six judges who supported sub-classification expressly stated that creamy layer exclusion must be applied to SCs.
Justice BR Gavai: “State must evolve a policy to identify creamy layer among the Scheduled Castes and Scheduled Tribes category and exclude them from the fold of affirmative action. In my view, this is the only way to achieve real equality as enshrined in the Constitution.”
Justice Vikram Nath: Endorsed Justice Gavai’s view, affirming that the creamy layer principle applicable to OBCs should also apply to SCs.
Justice Pankaj Mithal: Asserted that reservation should be limited to the first generation. If a member of the first generation achieves higher status through reservation, the second generation should not be entitled to reservation.
Justice Satish Chandra Sharma: Agreed with Justice Gavai, emphasizing that identifying the creamy layer among SCs/STs is a constitutional imperative.
Historical Context:
In 2018, a 5-judge bench of the Supreme Court, in Jarnail Singh v. Lacchmi Narain Gupta, had observed in the context of reservation in promotions that creamy layer exclusion could be applied to SCs/STs. Justice RF Nariman stated, “The whole object of reservation is to see that backward classes of citizens move forward so that they may march hand in hand with other citizens of India on an equal basis. This will not be possible if only the creamy layer within that class bag all the coveted jobs in the public sector and perpetuate themselves, leaving the rest of the class as backward as they always were.”
Conclusion:
The Supreme Court’s ruling marks a significant step towards achieving real equality as enshrined in the Constitution. By advocating for the exclusion of the creamy layer among Scheduled Castes, the Court aims to ensure that the benefits of reservation reach those who truly need them, fostering a more inclusive and equitable society.
Ensuring Equity:
The Supreme Court has taken a decisive step to exclude the ‘creamy layer’ within Scheduled Castes from essential reservation benefits. This landmark decision aims to ensure that the advantages of affirmative action reach the most disadvantaged sections of society. By targeting the ‘creamy layer,’ which refers to the more affluent and better-educated members within these communities, the Court seeks to create a more equitable distribution of opportunities. This move is expected to spark significant debate and could lead to substantial changes in how reservation policies are implemented across the country. The decision underscores the ongoing efforts to refine and improve social justice measures in India.
Analysis:
The Supreme Court’s judgment marks a significant development in the discourse around reservation policies in India. By calling for the exclusion of the creamy layer from SC/ST reservations, the court aims to ensure that benefits reach those who genuinely need them and to prevent the perpetuation of advantages within certain sections of these communities.
This decision is likely to spark further discussions and debates on how to effectively identify and implement the creamy layer criterion for SCs/STs, considering their unique socio-economic conditions.
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