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Syllabus: GS2/Polity
Context:
The assurance recently given by Prime Minister Narendra Modi to Bharatiya Janata Party (BJP) members of Parliament that the principle of the creamy layer will not apply to Scheduled Castes (SCs) and Scheduled Tribes (STs) has added a spin to the ongoing debate on reservations. This is one debate that comes into focus even more in light of some recent judgments of the Supreme Court and also government policies with respect to sub-categorisation within the SC/ST quota. For more detailed information (Source): ‘Creamy layer’ doesn’t apply to SC/ST quota, says govt. after PM’s assurance to BJP MPs
Background:
The Supreme Court in the past has also ruled that reservations in jobs and education should not cross the 50% mark of the total seats/posts, according to the famous Indra Sawhney case (1992), popularly known as the Mandal Commission case. This case also set the concept of the creamy layer so that economically and socially advanced people from the OBCs could not encash the reservation policies. Though the application of this principle to SCs and STs has always been a debatable question.
Judgement of Supreme Court on Sub-Classification:
In a judgment recently passed, a seven-judge Bench of the Supreme Court has held that State governments can sub-classify communities in the SC list based on empirical data. This decision is intended to ensure that the most backward castes in the SC category benefit from the reserved quotas. However, in a separate but concurring judgment, Justice B.R. Gavai suggested that states should "evolve policy to identify creamy layer even amongst Scheduled Castes and Scheduled Tribes, so that the creamy layer amongst them be denied these benefits" of reservation.
This suggestion evoked much debate, as it proposed extending the creamy layer principle, which was already being applied to OBCs, to SCs and STs as well.
Government’s Response:
Reacting to the apex court's judgement, the Union Law Minister further reasoned before the Lok Sabha that in the recent judgment by the Supreme Court regarding sub-categorisation within the SC quota, the creamy layer principle had not been used.
The Prime Minister further assured BJP MPs that the creamy layer principle is not to be extended for SC/ST reservations as per the traditional understanding of reservations because SCs and STs are not traditional communities like OBCs.