Can't exclude SC/ST creamy layer from quotas: Government to Supreme Court
The Indian government has informed the Supreme Court that it opposes the 'creamy layer' exclusion for SC/ST communities regarding reservation benefits. The government argues that discrimination is not solely economic and that only Parliament has the authority to modify reservation policies.
Why it matters
This is a significant development in the ongoing legal and political debate regarding social justice and affirmative action in India.
NEW DELHI: Opposing the application of the 'creamy layer' criterion for exclusion of affluent members of scheduled caste and scheduled tribe communities from benefits of reservation in jobs and admissions to educational institutions, the government has told the Supreme Court that discrimination against SCs/STs and OBC/SEBC communities do not happen only due to economic considerations."Keeping the broader concept of equality in view, discrimination against SC, ST and OBC/SEBC communities do not happen only based on economic conditions. The system of reservation aims to provide fair opportunities, reduce economic disparities, and foster diversity in governance and academia by addressing historical marginalisation," it said.On Aug 1, 2024, a seven-judge top court verdict permitted states to sub-categorise castes within SC communities based on socio-economic backwardness and the degree of under-representation in government jobs to ensure that the larger pie of 15% quota goes to the most backward.
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