Why Centre says ‘creamy layer’ cannot apply to SC/ST quotas

In a legal challenge to India's reservation system for Scheduled Castes (SCs) and Scheduled Tribes (STs), the government has argued against the proposal to introduce a "creamy layer" criterion based on income. The Centre's affidavit before the Supreme Court contests the notion that economic status should be considered alongside historical disadvantage when determining eligibility for reservations.

The government maintains that the primary objective of SC and ST reservations is to promote social equality and justice, with a focus on overcoming the legacy of discrimination rather than addressing economic disparities. By invoking historical Supreme Court judgments, including the 1992 Indra Sawhney ruling and the 2008 Ashoka Kumar Thakur case, the Union government asserts that the creamy layer concept does not extend to SCs and STs.

The affidavit emphasizes that the inclusion of income-based preferences would fundamentally alter the purpose and scope of these affirmative action measures, deviating from the constitutional framework that designates reservation criteria. The government contends that any alteration to the SC/ST reservation lists would necessitate legislative action under Article 342 of the Constitution, rather than judicial intervention.

It argues that courts lack the authority to dictate policy changes in this domain, as the legislative branch holds the exclusive power to define and modify these socio-economic categories.