Creamy Layer': Supreme Court Suggestions for SC/ST
1. Definition and Current Application:
The 'creamy layer' refers to relatively wealthy and well-educated members within disadvantaged groups who are excluded from certain affirmative action benefits. Currently, this concept is only applied to Other Backward Classes (OBCs) in India.
2. Recent Supreme Court Judgment:
On August 1, 2024, a seven-judge Supreme Court bench made suggestions about extending the 'creamy layer' concept to Scheduled Castes (SCs) and Scheduled Tribes (STs).
3. Key Points from the Judgment:
- Justice BR Gavai urged states to develop policies to identify and exclude the 'creamy layer' among SCs and STs.
- Justice Vikram Nath supported this view but suggested different criteria for SCs and STs compared to OBCs.
- Justice Pankaj Mithal proposed limiting reservations to the first generation of beneficiaries.
- Justice Satish Chandra Sharma called for a constitutional mandate to identify the 'creamy layer' within SC/ST communities.
4. Rationale Behind the Suggestion:
The judges argue that this would ensure benefits reach the most disadvantaged within these communities and promote genuine equality as envisioned in the Constitution.
5. Current Criteria for OBC Creamy Layer:
- Annual family income above Rs 8 lakh
- Children of high-ranking government officers
- Children of certain professionals with significant income
- Families owning large agricultural lands
6. Historical Context:
The 'creamy layer' concept was introduced following the Supreme Court's 1992 judgment in the Indra Sawhney case (Mandal Commission case).
7. Current Status for SCs and STs:
Presently, all members of SC and ST communities are eligible for reservation benefits, regardless of their economic status, due to historical social and economic disadvantages.
8. Potential Impact:
If implemented, this could significantly change how reservation benefits are distributed among SC and ST communities, potentially excluding more affluent members.
9. Ongoing Debate:
The suggestion has reignited discussions about the balance between addressing historical injustices and ensuring equitable distribution of benefits within disadvantaged communities.
10. Next Steps:
While these are currently suggestions from individual judges, they could influence future policy decisions or legal interpretations regarding reservation policies in India.
This development represents a potential shift in India's affirmative action policies, aiming to refine the system to better target those most in need of support within historically disadvantaged communities.
SRIRAM's
Share:
Get a call back
Fill the below form to get free counselling for UPSC Civil Services exam preparation
