Govt opposes plea in Supreme Court on income-based quota for SC, ST and OBCs
The Centre also opposed extending the “creamy layer” principle to SCs and STs, arguing that SC precedent has consistently confined the doctrine to OBCs.
The Indian government has vehemently opposed a plea in the Supreme Court requesting an income-based sub-quota within the reserved categories of Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC). The Centre contends that the constitutional framework for reservations, based on Articles 341, 342, and 342A, does not permit alterations to the notified lists of SCs, STs, and Socially and Educationally Backward Classes (SEBCs) based solely on income.
The government argues that the criteria for these categories have evolved through constitutional provisions, commissions' recommendations, judicial pronouncements, and parliamentary enactments, with an emphasis on historical and social disadvantages. The affidavit filed by the Centre asserts that the courts cannot mandate changes to the reservation policy, as it falls under the executive and legislative domains.
The government also opposes extending the "creamy layer" principle to SCs and STs, citing Supreme Court precedents that limit the doctrine's scope to OBCs. They argue that introducing income-based preferences within reservation would necessitate extensive empirical studies and cannot be achieved through judicial directions. The Centre views the petitions as "misconceived" and urges the Supreme Court to dismiss them, emphasizing that the issue does not raise any enforceable constitutional or fundamental rights concerns warranting judicial intervention.
Written by urgent.news from Hindustan Times's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
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