Govt asserts 'no creamy layer' in SC/ST reservation as per Constitutional provisions

Union Minister Ashwini Vaishnaw

Union Minister Ashwini Vaishnaw on August 9 said the Cabinet discussed the Supreme Court's recent judgment on reservation for Scheduled Castes (SC) and Scheduled Tribes (ST), and affirmed its commitment to adhering to the constitutional provisions outlined by Dr BR Ambedkar. Vaishnaw, addressing the media, reiterated the government's firm stand to following Ambedkar's constitutional framework. He emphasized that, according to Ambedkar's provisions, there is no provision for a creamy layer in SC and ST reservations.

Vaishnaw highlighted that the National Democratic Alliance (NDA) government remains steadfast in its adherence to these constitutional rules, ensuring that the reservation policies for SCs and STs are implemented in line with the principles established by Dr Ambedkar.

"The Supreme Court recently in a Judgement on SC, ST reservation gave certain solutions. Cabinet today discussed this issue at length. Cabinet's well thought out view on SC, ST reservation is that NDA government is committed to Ambedkar's constitutional rules. As per Ambedkar's constitutional provisions there is no place for creamy layer in SC, ST reservation. Cabinet's view is that govt will follow Ambedkar's constitutional provisions on issue of SC, ST reservation," said Vaishnaw.

The Cabinet's stance comes amidst ongoing debates over the implementation of reservation policies and the implications of recent judicial observations on these provisions.

BJP MP Faggan Singh Kulaste earlier stated that during his meeting with Prime Minister Narendra Modi, he conveyed concerns about the Supreme Court's ruling on identifying and excluding the creamy layer within SCs and STs from reservation benefits. Kulaste mentioned that the Prime Minister agreed with the position that the court’s decision should not be put into effect.

Kulaste said, "We told the PM that the SC decision on (identifying) creamy layer from SCs/STs (and their exclusion from reservation benefits) should not be implemented. The PM also said that this should not be implemented."

Also Read: Sub-classification of SC, ST: What did the Supreme Court say about ‘creamy layer’?

On August 1, a seven-judge Bench of the Supreme Court, led by Chief Justice D Y Chandrachud, delivered a 6:1 majority ruling permitting State governments to sub-classify communities within the Scheduled Castes (SC) list based on empirical data.

Justice B R Gavai, in a separate but concurring opinion, emphasized that States should develop a policy to identify the creamy layer even among SCs and STs and exclude them from reservation benefits. The majority verdict from the top court affirmed that States have the authority to create sub-classifications within SCs and STs to allocate quotas within the reserved category, aiming to uplift the most underprivileged castes.

Also Read: Supreme Court clears the way for sub-classification of SCs, STs for job, college quotas