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Topic : Creamy Layer Principle Not Applicable on SCs and STs: SC

GS-2 Mains  : Polity

Context

• Union Cabinet asserts creamy layer principle doesn’t apply to SCs and STs.
• Supreme Court allowed sub-categorization within SCs but Justice Gavai suggested creamy layer for SCs and STs.

Reservation in India

• SCs, STs, and OBCs have reservations of 15%, 7.5%, and 27% respectively in direct recruitment on all India basis.
• 103rd Amendment introduced 10% reservation for Economically Weaker Sections (EWS).
• Many states have exceeded 50% reservation limit, facing legal challenges.

50% Rule

• Supreme Court historically maintained 50% cap on reservations.
• Mandal Commission case upheld 50% cap with some exceptions.
• EWS judgement allowed 10% EWS reservation, bringing total to 60%.

Creamy Layer Principle

• Ensures reservations benefit the most disadvantaged within a reserved category.
• Prevents affluent members from availing benefits.
• Originated in Indra Sawhney case (Mandal Commission case).
• Criteria based on income, education, etc.

Constitutional Provisions

• Article 16: Equality of opportunity with exception for reservation for backward classes.
• Article 16(4A): Reservation in promotions for SCs and STs.
• Article 335: Special measures for SCs and STs in services.
• 103rd Amendment: 10% reservation for EWS.

Arguments for Reservation

• Historical injustice and social equality.
• Constitutional mandate under Articles 15(4) and 16(4).
• Social upliftment of marginalized communities.

Arguments Against Reservation

• Merit-based selection.
• Reverse discrimination.
• Creamy layer concept and need for targeted benefits.
• Division in society.

Conclusion

• SC mandates data collection on SC and ST representation for sub-categorization.
• Positive discrimination needs periodic review and redesign.
• Reducing wealthy beneficiaries is a potential reform.