Tuesday, February 18th, 2025

When will the historic order on creamy layer in SC/ST reservation be implemented? Supreme Court put the ball in the government’s court

New Delhi : Should creamy layer system be implemented in SC/ST reservation also? Should those coming in the creamy layer be excluded from the scope of SC/ST reservation? The Supreme Court had already answered this question in its historic decision of August 2024. The apex court had even directed sub-categorization of the two categories to extend the benefits of reservation to those who need it more. But the Supreme Court has now put the ball in the government’s court regarding compliance of its own order. A person from MP had filed a petition asking the Supreme Court to direct the state government to implement its order in government recruitments. On that petition, the country’s biggest court has bluntly said that the legislature and the executive will decide whether to exclude the creamy layer from the SC/ST quota or not. Meaning, it will be decided by the Parliament or State Assemblies and Central or State governments.Supreme Court gave historic order on creamy layer in SC/ST reservation
The Supreme Court on Thursday refused to direct governments on its August 2024 decision to exclude the ‘creamy layer’ in the SC/ST category from reservation benefits. The court said that this is the work of the legislature and the executive. The court also expressed the same opinion on the suggestion of extending the benefits of reservation to the needy by sub-categorizing SC/ST.

Governments are hesitant in taking a decision on this issue, because influential sections of the Dalit community are opposing the decision of sub-categorization. They allege that such a step will hurt the unity of the SC/ST class.

A person from MP had approached the Supreme Court to implement the order in government recruitments.
In view of this hesitation of the governments, a person from Madhya Pradesh approached the Supreme Court and sought instructions to the state government to implement the order regarding creamy layer in recruitments.

Advocate Siddharth Gupta, appearing for the petitioner, told the bench of Justices BR Gavai and Augustine George Masih that all government departments/PSUs should be directed to stop giving reservation benefits to the ‘creamy layer’ in the SC/ST category. However, the Supreme Court bench said that it has passed the order, but now it is the job of the legislature and the executive to take a decision on it.

Supreme Court said- Executive and legislature have to take the decision
The bench said, ‘We have given our view that keeping in mind the experience of the last 75 years, people who have already enjoyed benefits and are in a position to compete with others should be excluded from reservation. But this decision has to be taken by the executive and the legislature.

Indicating the limitations of the court, the bench said that the Attorney General had argued a day earlier that the court should not interfere in policy decisions. When the petitioner argued that the government will not make the policy as the family members of the policy makers would also be deprived of reservation due to the ‘creamy layer’ criteria, the bench said, ‘There are legislators (MPs/MLAs) and they can make laws. ‘

What did Justice Gavai say in the 2024 order?
Justice BR Gavai was also included in the 7-member bench of the Supreme Court that gave the historic order of creamy layer in SC/ST quota last year. he/she was the only judge on the bench who came from the Dalit community. Justice Gavai had then asked the states to prepare a framework to identify the ‘creamy layer’ in the SC/ST category and exclude them from reservation benefits. he/she had said that there is a need for a mechanism specifically suitable for SC/ST, as the OBC ‘creamy layer’ principle cannot be applied to them.

Justice Gavai had said, ‘The State should also evolve a policy to identify the ‘creamy layer’ from SCs and STs so that they are kept out of the benefits of Affirmative Action. Only this and this alone can achieve real equality as enshrined under the Constitution.’ The then CJI DY Chandrachud and Justices Vikram Nath, Pankaj Mittal, Manoj Mishra and SC Sharma agreed with Gavai.

Justice Gavai had said, ‘If a person belonging to such category, by availing the benefit of reservation, obtains the post of a peon or perhaps a sweeper, he/she will continue to belong to a socially, economically and educationally backward class. Also, this category of people, who have reached higher positions in life by taking advantage of reservation, cannot be considered socially, economically and educationally backward so that they continue to enjoy the benefits of affirmative action. They have already reached the stage where they should opt out of the special provisions of their own free will and make way for the deserving and needy.

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