Creamy layer among SCs, STs must be excluded from quota benefits: SC

On Thursday, the Supreme Court said that states must identify the ‘creamy layer’ within the Scheduled Castes (SC) and Scheduled Tribes (ST) and take them out of reservation.

The apex court observed in while ruling on the further sub-classification within the SCs and STs.

A seven-judge constitution bench headed by Chief Justice D Y Chandrachud held by a 6:1 majority that the sub-classification of SCs and STs by states can be permitted to ensure the grant of quota to more backward castes inside these groups.

It held that the principles of social equality would entitle the State to provide preferential treatment to the most backward classes among the scheduled castes.

Besides the chief justice, the bench also comprised Justices BR Gavai, Vikram Nath, Bela Trivedi, Manoj Misra and Satish Chandra Sharma.

The bench delivered six separate judgements. While six judges upheld sub-classification, Justice Trivedi dissented.

Of the six judges, four stated that the exclusion of the creamy layer must be applied.

“State must evolve a policy to identify creamy layer among the Scheduled Castes and Scheduled Tribes category and exclude them from the fold of affirmative action,” Justice Gavai wrote in his judgment, according to Live Law.

He added that, in his view, this is the only way to achieve “real equality” as mentioned in the Constitution.

Justice Satish Chandra Sharma also agreed with Justice Gavai's view and wrote that the issue of identifying a creamy layer in SC/STs needs to become a constitutional imperative for the state.

‘Creamy layer’ refers to a class of persons within reserved categories who are socially and economically advanced. At present, the concept of 'creamy layer' is applicable only to the reservation for Other Backward Classes. For OBCs, the creamy layer comprises households with annual income in excess of ₹8 lakh a year.

In 2018, the Supreme Court, in the judgment in Jarnail Singh & Ors. v Lachhmi Narain Gupta & Ors. had held that the principle of creamy layer, previously applicable to Other Backward Classes (OBCs), should be applied to SC/ST communities as well for reservation in promotions.