Redefining Reservations: Supreme Court on Creamy Layer in SCs

By Legal Wires 5 Minutes Read

In a significant ruling, the Supreme Court of India emphasized the necessity of excluding the ‘creamy layer‘ within the Scheduled Castes (SCs) from reservation benefits. Historically, the concept of the creamy layer has only been applied to the Other Backward Classes (OBCs). This judgment was delivered by a bench comprising Chief Justice of India DY Chandrachud, and Justices BR Gavai, Vikram Nath, Bela Trivedi, Pankaj Mithal, Satish Chandra Sharma, and Manoj Misra. The majority, with Justice Bela Trivedi dissenting, upheld the sub-classification of SCs. Six judges supported sub-classification, Justice Trivedi dissenting.

“Putting a child studying in St. Paul’s High School and St. Stephen’s College and a child studying in a small village in the backward and remote area of the country in the same bracket would obliviate the equality principle enshrined in the Constitution”, said justice BR Gavai.

Key Opinions on Creamy Layer Exclusion:

• Justice BR Gavai:
  • Emphasized the need for the State to identify and exclude the creamy layer within SCs and STs.
  • Stated, “The State must evolve a policy for identifying the creamy layer even from the Scheduled Castes and Scheduled Tribes so as to exclude them from the benefit of affirmative action.”
  • Highlighted that children of SC individuals who benefited from reservations should not be equated with those who have not.
  • Questioned, “Can a child of IAS/IPS or Civil Service Officers be equated with a child of a disadvantaged member belonging to Scheduled Castes, studying in a Gram Panchayat/Zilla Parishad school in a village?”
• Justice Vikram Nath:
  • Supported Justice Gavai’s view.
  • Stated, “I am also in agreement with the opinion of Brother Justice Gavai that ‘creamy layer’ principle is also applicable to Scheduled Castes and Scheduled Tribes, and that the criteria for exclusion of creamy layer for the purpose of affirmative action could be different from the criteria as applicable to the Other Backward Classes.”
• Justice Pankaj Mithal:
  • Suggested reservation benefits should be limited to the first generation.
  • Stated, “If any member of the first generation has reached a higher status through reservation, then the 2nd generation should not be entitled to reservation.”
• Justice Satish Chandra Sharma:
  • Agreed with Justice Gavai.
  • Called for the identification of the creamy layer among SCs/STs to become a constitutional imperative for the State.

Precedent and Context:

• Jarnail Singh v. Lacchmi Narain Gupta (2018):
  • Supreme Court observed creamy layer exclusion could apply to SCs/STs in promotions.
  • Justice RF Nariman wrote, “The whole object of reservation is to see that backward classes of citizens move forward so that they may march hand in hand with other citizens of India on an equal basis.”

State Of Punjab And Ors. v Davinder Singh And Ors. C.A. No. 2317/2011

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