Extending Creamy Layer to SC, ST Is Parliament's Call: Govt to Top Court, Pg10

Key Highlights:

• The Centre informed the Supreme Court that extending the creamy layer principle to Scheduled Castes (SC) and Scheduled Tribes (ST) is a matter for Parliament to decide.
• The government emphasized that India's reservation policy is based on historical and social criteria, not solely economic status.
• The Ministry of Social Justice and Empowerment filed a counter-affidavit urging the court to reject a petition seeking income-based sub-quotas within reserved categories.
• The Centre argued that judicial precedents have clarified that the creamy layer principle does not apply to SCs and STs for reservation purposes.
• Any modification to the reservation policy, especially introducing income-based preferences, should be preceded by a holistic review and thorough empirical study.

Detailed Insights:

• A petition sought directions for the Centre to frame policies for a more equitable reservation system, including income-based sub-quotas within each reserved category.
• Petitioners referenced the State of Punjab & Ors v Davinder Singh & Ors case, which allowed sub-classification within SCs and STs for reservation benefits.
• The government asserted that such policy matters fall within the legislative domain, highlighting the constitutional principle of separation of powers.
• The Centre cited the 2005 E.V. Chinnaiah v. State of Andhra Pradesh judgment, where a five-judge bench ruled that only Parliament could legislate on excluding the creamy layer from SCs under Article 341(2).
• The affidavit also referred to the 2008 Ashoka Kumar Thakur v. Union of India case, which affirmed that the creamy layer principle is not applicable to SCs and STs for reservation.
• The government noted that many welfare and development schemes for SCs, STs, and Other Backward Classes (OBCs) already incorporate a means test, ensuring benefits reach deserving individuals, except for reservations in educational institutions and services.

Key Concepts Involved:

• Creamy Layer: The affluent and well-off individuals within a backward class who are excluded from reservation benefits to ensure benefits reach the truly disadvantaged.
• Separation of Powers: The constitutional doctrine dividing governmental powers into legislative, executive, and judicial branches to prevent concentration of power.
• Article 341: Empowers the President to specify Scheduled Castes, and Parliament to include or exclude any caste from this list by law.
• Ministry of Social Justice and Empowerment: A Government of India ministry responsible for the welfare, social justice, and empowerment of disadvantaged sections of society.