The Supreme Court has issued a notice to the Centre and all state governments regarding a PIL seeking the implementation of the “creamy layer” principle in reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs). The notice was in response to a writ petition filed under Article 32 of the Constitution by advocate Ashwini Kumar Upadhyay. Upadhyay argued that reservation benefits should not be available to the children of SC/ST members who have already achieved senior government positions.
The petitioner highlighted that reservation was initially meant as a temporary measure to uplift those facing social, educational, and economic backwardness. However, an elite class has emerged within the SC/ST communities, benefiting from reservations over generations. The plea emphasized that the non-exclusion of the creamy layer has led to elite capture of benefits, compromising administrative efficiency and violating principles of equality and justice.
Referring to a Constitution Bench verdict, the petition mentioned the suggestion of applying the “creamy layer” principle to SCs and STs for quota benefits. The judgment had raised questions on whether children of IAS/IPS or Civil Service officers should be equated with disadvantaged SC members. Justices emphasized the need for a policy to identify the creamy layer within SCs and STs to exclude them from affirmative action benefits.
