“The ‘creamy layer’ system does not apply to reservation for Scheduled Castes (SC) and Scheduled Tribes (ST),” the central government stated before the Supreme Court.
The ‘creamy layer’ system is followed among Other Backward Classes. The term ‘creamy layer’ refers to those who are socially and economically advanced within these groups. In other words, it refers to those whose family’s annual income is above the prescribed limit (currently above Rs. 8 lakh). They are not entitled to reservation benefits in government education and employment.
In the Indra Sawhney case of 1992 (the Mandal Commission case), the Supreme Court upheld 27 percent reservation for backward classes. At the same time, it introduced an important rule that the well-off or economically advanced among the backward classes (the creamy layer) should be excluded from reservation benefits.
Similarly, a petition was filed in the Supreme Court urging that a creamy layer system be introduced even among the SC and ST categories, so that economically advanced people in these groups would be excluded from the benefits of government reservation.
In this case, the Central Government filed a counter-affidavit on Thursday. It stated:
In the reservation for SC and ST communities, the petitioners have not cited any fundamental rights under the Constitution.
Moreover, the ‘creamy layer’ principle applies to reservations for Other Backward Classes. It does not apply to SC and ST communities. This has also been clarified by the Supreme Court Constitution Bench in the case between Ashoka Kumar Thakur and the Central Government.
Moreover, such amendments to the reservation policy, particularly the introduction of income-based preferences, should be made only after a comprehensive study, including the socio-economic data of the beneficiaries. Furthermore, since this falls outside the jurisdiction of the judiciary, no order can be issued to the executive to frame a specific policy in this regard.
Therefore, the Central Government stated that petitions seeking the introduction of the ‘creamy layer’ system in the SC and ST categories should be dismissed.