Can't exclude SC/ST creamy layer from quotas: Government to Supreme Court

The Indian government has informed the Supreme Court that it cannot exclude the creamy layer, or affluent members, of scheduled caste (SC) and scheduled tribe (ST) communities from reservation benefits. The government argues that discrimination against SCs, STs, and other backward classes (OBC/SEBC) is not solely based on economic factors. The reservation system aims to provide fair opportunities, reduce economic disparities, and promote diversity in governance and academia by addressing historical marginalisation.

In August 2024, a seven-judge Supreme Court verdict allowed states to sub-categorise SC communities based on socio-economic backwardness and under-representation in government jobs. This would allow the 15% quota to be allocated to the most disadvantaged. The court also asked governments to devise suitable criteria to prevent the creamy layer from availing reservation.

The government filed an affidavit nearly a year after the Supreme Court requested response to a petition by individuals from the SC and OBC communities. The affidavit states that any modification of the reservation policy, particularly introducing income-based preferences within reserved categories, should be preceded by a comprehensive review and empirical study. Only Parliament can make such changes, the government emphasizes.

It is also stated that the inclusion or exclusion of a caste, tribe, or group within a caste/tribe in the list of SCs or STs is solely within the power of Parliament under Articles 341(1) and 342. This provision also applies to Socially and Educationally Backward Classes (SEBC) as per the 2018 Constitution Amendment Act. The government notes that in most welfare and development schemes for SC, ST, and SEBC communities, a means test is in place to ensure benefits reach those who genuinely deserve them.