2nd August 2024 (11 Topics)
Supreme Court proposes ‘creamy layer' for SC/ST quotas
Context
The Supreme Court of India has made a landmark decision allowing the sub-categorization of Scheduled Castes (SCs) in reservations. This decision came from a 6:1 verdict by a seven-judge Constitution bench. The ruling permits states to provide more nuanced protection to underrepresented groups within the broader SC category, acknowledging that SCs are not a homogeneous group.
Key Highlights
The Supreme Court allowed the sub-categorization of Scheduled Castes for reservation purposes. It allowed the sub-categorization, providing a legal basis for states to address disparities within the SC community.
Sub-classification does not violate the principle of equality enshrined under Article 14 of the Constitution.
Creamy Layer: The court emphasised the necessity to exclude the 'creamy layer' within the Scheduled Castes from reservation benefits intended for SC categories.
- Currently, this concept is only applied to reservations for Other Backward Classes (OBCs).
The current ruling overturns the 2004 decision (EV Chinnaiah vs State of Andhra Pradesh), allowing states to provide differentiated reservations within the SC category.
- The 2004 judgment in EV Chinnaiah vs State of Andhra Pradesh held that SCs were a homogeneous group, and any sub-classification was impermissible.
Implications: The ruling is significant for states wanting to give greater protection to underrepresented castes within the SC category, addressing disparities among different SC communities.
Need for Sub-Categorization
- Addressing Inequality: The sub-categorization aims to address inequalities within the SC category, where some castes benefit more from reservations than others.
- Better Representation: It ensures that the most disadvantaged groups within the SC category receive adequate representation and benefits.
- Historical and Empirical Evidence: The decision is based on evidence that shows SCs are not a homogeneous group, and some sub-castes are more underrepresented and disadvantaged.
Impact
- State Policies: States can now create policies that provide targeted benefits to the most disadvantaged SC sub-castes.
- Reservations: The ruling impacts reservation policies in education and public employment, ensuring a more equitable distribution of opportunities.
- Wider Protection: Underrepresented castes within the SC category will receive wider protection and support, addressing historical inequalities.
- Future Legislation: The ruling sets a precedent for future legislation and policies related to reservations and affirmative action in India.
Fact Box: The concept of ‘Creamy Layer’In India, the 'creamy layer' refers to the relatively affluent and better-educated members of the OBCs who are excluded from reservation benefits in government jobs and educational institutions. This ensures that reservations benefit the genuinely underprivileged sections of OBCs. The concept was introduced following the Supreme Court's judgement in the Indra Sawhney case (1992), also known as the Mandal Commission case. Criteria for determining the creamy layer
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