India government opposes creamy layer for SC/ST quotas

The Indian government has formally opposed a series of petitions before the Supreme Court seeking to introduce income-based preferences, or a "creamy layer" exclusion, within the reservation system for Scheduled Castes (SCs) and Scheduled Tribes (STs). In an affidavit filed by the Ministry of Social Justice and Empowerment, the Centre argued that the principle of creamy layer, which applies to Other Backward Classes (OBCs), is not applicable to SCs and STs, and that any such policy change would require a legislative mandate from Parliament.

The government's position, detailed in a submission to the court, states that judicial precedents have consistently clarified that the creamy layer concept does not extend to SC and ST reservations. It cited the Constitution Bench rulings in the Indra Sawhney case (1992) and the Ashoka Kumar Thakur case (2008), noting that discussions on excluding the socially advanced were confined to OBCs. The affidavit emphasized that the identification of SCs and STs is based on historical and social disadvantage, including untouchability and geographical isolation, rather than economic status alone.

The petitions, filed by individuals including...