Extending the Creamy Layer to SC/STs

GS2 – Polity  

Context

The Supreme Court is currently hearing a plea to extend the “creamy layer” concept to SC/ST reservations, aiming to ensure more equitable distribution of benefits within these communities.

About the Creamy Layer
  • Definition: The creamy layer denotes relatively affluent and socially advanced members within a disadvantaged group who are excluded from reservation benefits.
  • Policy Objective: Designed to prevent dominant subgroups from monopolising affirmative action, ensuring genuinely disadvantaged individuals benefit.
  • Current Application: Currently applied only to OBCs, not SC/STs.
  • Legal Basis: The Indra Sawhney case (1992) established the foundation for applying the creamy layer principle to OBCs.
  • State Authority: Individual states can frame their own OBC creamy layer criteria.
Rationale for Extending the Creamy Layer to SC/STs
  • Equity Within Groups: Prioritises economically weaker members without undermining caste-based affirmative action.
  • Prevent Concentration of Benefits: Excludes affluent SC/ST families so benefits reach those most in need.
  • Substantive Equality: Targeting the poorest ensures meaningful socio-economic upliftment.
  • Reduce Intra-Group Inequality: Addresses disparities among members of the same caste.
  • Efficiency of Policy Resources: Directs limited benefits to genuine need.
  • Enhance Legitimacy: Transparent allocation fosters trust in reservation policies.
Challenges in Extending the Creamy Layer
  • Constitutional Sensitivity: Exclusions must not disturb established constitutional balances.
  • Persistent Discrimination: Economic progress alone does not eliminate caste-based barriers.
  • Legal Constraints: Lack of a clear constitutional mandate could weaken SC/ST protections.
  • Implementation Difficulty: Uniform criteria across India are challenging to establish.
  • Social Friction: Exclusion could trigger resentment and internal divisions.
  • Political Resistance: Dominant subgroups may oppose reforms, risking policy stability.
Judicial Landmarks on Creamy Layer and Sub-Classification
  • Indra Sawhney (1992): Introduced creamy layer for OBCs only.
  • E.V. Chinnaiah (2005): Declared SCs homogeneous, disallowing internal sub-classification for reservations.
  • Jarnail Singh (2018): Applied creamy layer principle to SC/ST promotion-related reservations.
  • Davinder Singh (2024): Upheld sub-classification within SC/STs to ensure equitable benefits.
  • Ramashankar Prajapati (2025): Issued notice to the Centre regarding a proposed SC/ST creamy layer mechanism.
Way Forward
  • Expert Panel: Form a committee to design SC/ST-specific creamy layer criteria.
  • Data Framework: Create a socio-economic database to guide equitable allocation.
  • Legal Backing: Amend the Constitution to permit economic screening within SC/ST reservations.
  • Stakeholder Engagement: Consult communities to build consensus and reduce resistance.
  • Periodic Review: Regularly reassess criteria to maintain fairness and effectiveness.
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