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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.
Understanding Reservation in India:
Constitutional Mandate: The Constitution of India under Articles 15(4) and 16(4) outlines the provisions wherein the state can make special provisions for the socially and educationally backward classes, which also includes SCs and STs. All these have been provisions to safeguard historical injustices, thus promoting social equality.
Reservation: Currently, SCs, STs, and OBCs avail themselves of 15%, 7.5%, and 27% reservations in direct recruitment on an all-India basis through open competition. To this framework, the Constitution (103rd Amendment) Act, 2019 added another 10% reservation for Economically Weaker Sections (EWS), making the whole system complicated.
The 50% Rule:
The Supreme Court of India, in its landmark judgment in the Indra Sawhney case, held a 50% ceiling on reservations with exceptions for extreme extraordinary situations, including those of communities from far-off areas. However, the 103rd Constitutional Amendment, which provides 10% reservation for EWS, has temporarily shifted this ceiling and allowed States to reserve up to 60% of seats/posts, including EWS reservations.
Creamy Layer Principle:
It was the creamy layer principle through which the Indra Sawhney case developed a formula to devise reservations effective and beneficial only to the very downtrodden in the OBC fold. It secures reservation benefits from those groups within this fold, who are in a better, secure position, both economically and socially. Criteria in determining such creamy layers relate to the level of income, educational qualification, and social background.
Arguments in Favour of Reservation:
Historical Injustice: It is said that reservation has been considered as one part of the solution to the past historical injustices and discrimination by the system towards some sections of society.
Social Equality: It ensures that social equality is achieved through all forms of provision in education, employment opportunities, and representation for marginalised communities.
Constitutional Mandate: The Constitution empowers the state to make special provisions for socially and educationally backward classes, including the SCs and STs.
Social Upliftment: Reservation goes a long way toward improving social living standards for the most underprivileged, bringing them out of the vicious circle of poverty and social exclusion.
Arguments Against Reservation:
Merit vs. Reservation: Critics often argue that merit is to be the criterion, not caste or social background, for availing educational and job opportunities.
Reverse Discrimination: It is opined that the reservation policies create reverse discrimination, which forms barriers for the non-reserved category of people.
Creamy layer among SC/ST: The larger debate over the creamy layer concept expansion to include the SCs and STs being a concern about whether their relatively well-off amongst them should continue to enjoy the benefit of reservation.
Social Division: Reservation policies can increase social divisions by categorising people based on their caste or community.
Conclusion:
The recent Supreme Court ruling and the following government response have highlighted that there is a need for a nuanced approach to reservations in India. That is why, while the creamy layer principle is a very significant tool making the mechanism of this equitable benefit distribution to the members of the OBCs, the extension of the same to the SCs and STs is quite a sensitive issue since it comes under the government's policy decisions on social justice. The government has clearly given an assurance that the creamy layer principle is not applicable to the reservations ensured for SCs/STs and thereby is found in consonance with the larger objective of ensuring social justice to backward communities.
As India grapples with the crisis of pervasive social inequalities, it remains necessary to revisit and reform the reservation system from time to time in such a way that effectively benefits the neediest. Discussion of the creamy layer principle among the SCs and STs brings out the continuous challenge of balancing equity and efficiency in the affirmative action policies of India.