New Delhi: On August 9, the Union Cabinet affirmed that there was no provision for a creamy layer in the reservation for SCs and STs in the Constitution given by Dr B R Ambedkar. At a meeting chaired by Prime Minister Narendra Modi, the Union Cabinet held a detailed discussion on the Supreme Court judgement on the sub-categorization of reservation for SCs and STs as presented in the Constitution. What is a ‘creamy layer’ within castes and tribes and why was it enforced and why is it being provoked? ‘Creamy layer’ is a category of people within reserved categories – scheduled castes and scheduled tribes in this case – that are economically and socially advanced. The term "creamy layer” is used to exclude relatively well-off and better-educated members from Other Backward Classes (OBCs) from reservation benefits in government jobs and educational institutions. The goal is to ensure that reservation benefits the most underprivileged sections of OBCs. The term was first introduced in 1992 by a Supreme Court order in the Indira Sawhney case. The Supreme Court recently held a seven-judge constitutional bench, led by Chief Justice of India D.Y. Chandrachud along with B.R Gavai, Vikram Nath, Manoj Misra, Pankaj Mithal, S.C. Sharma and B.M. Trivedi within which a vote was held which resulted in a 6:1 ratio favouring the sub-classification within the same cast SCs and STs in this case. The only dissenting member on the sub-classification was Justice B.M. Trivedi. Four of the seven judges separately said the government should extend the "creamy layer principle" to Schedule Castes and Schedule Tribes, like in the case of Other Backward Classes (OBC) category.
On August 1 2024, the Supreme Court declared its verdict that the states are permissible to further sub-categorize within the Schedule Caste (SCs) and Schedule Tribes (STs) based on empirical data for reservation in employment and educational institutions. Overruling the earlier order in the EV Chinnaiah case that sub-classification was not permissible as SC/STs form "homogenous classes". However, they faced a lot of backlash on this by the union cabinet. The Union Minister Ashwini Vaishnaw's remarks came days after the Supreme Court ruling (August 9). "Recently, the Supreme Court delivered a judgment regarding the reservation and a suggestion regarding SC and ST reservations. Today, the Cabinet had a detailed discussion on this matter. The NDA government is bound to follow the Constitution prepared by Baba Saheb Ambedkar. According to Ambedkar's Constitution, there is no provision for a creamy layer within SC and ST reservations," Vaishnaw said while addressing a conference. Earlier in the day, Prime Minister Narendra Modi on August 9, 2024, assured a group of BJP MPs belonging to SC/ST communities that no ‘creamy layer’ distinctions would be applied within the quota of jobs and seats in educational institutions reserved for SCs. After the meeting, Modi took to X and said, "Met a delegation of SC/ST MPs today. Reiterated our commitment and resolve for the welfare and empowerment of the SC/ST communities." In the Lok Sabha, the Law Minister asked the Opposition to not mislead the society on the “observations” of a Supreme Court judge on carving out a ‘creamy layer’ for exclusion from SC/ST reservations. Replying to supplementaries during Question Hour, when Shiv Sena MP Bhausaheb Wakchaure raised the issue, Mr. Meghwal said, “The reference to creamy layer in the sub-categorization of SC/STs is an observation by a Supreme Court judge and not a part of the decision. The member should not make an attempt to mislead the society.” BJP is dealing with internal differences on the sub-classification, and even more on the application of ‘creamy layer’ within the SC quota. Therefore, no clear reaction has been given by the BJP on the matter just yet. 04 Sep 2024
Avani Kaushik
