New Delhi: The Central government has filed an affidavit in the Supreme Court seeking dismissal of a petition that demands economically advanced people in the SC and ST communities be classified as “creamy layer” and excluded from reservation benefits.
A petition was filed in the Supreme Court seeking an order to the Central government to frame policies in a way that ensures the benefits of reservation reach the poor. It states that economically advanced people in the Scheduled Caste and Scheduled Tribe categories (SC, ST) are receiving benefits on the basis of reservation. However, economically backward people within the same communities are not receiving the benefits of reservation. This undermines the very purpose of reservation.
Therefore, a petition had been filed seeking an order directing the Central Government to remove the economically advanced from the benefits of reservation. When this case came up for hearing in the Supreme Court, the Central Government issued a notice to respond. In this situation, the Union Ministry of Social Justice and Empowerment, which has filed an affidavit in the Supreme Court in this case, has stated that it opposes giving priority based on income in reservation for SCs and STs.
The Central government has stated that the “creamy layer” exclusion does not apply to Scheduled Castes and Scheduled Tribes, that only Parliament can classify Scheduled Castes and Scheduled Tribes under Articles 341 and 342 of the Constitution, and that courts do not have that authority, and has said that the petition should be dismissed.
