Creamy Layer is Applicable in SC/ST Reservations says Supreme Court

Legal National

NEW DELHI: The Supreme Court on Wednesday has introduce a framework in reservations in promotions for SC/ST but has also introduced OBC quota type creamy layer principal. The creamy layer is a concept that puts an income ceiling on people availing of caste-wise reservations in government jobs and education.

A constitution bench headed by Chief Justice of India Dipak Misra held that a constitutional court is empowered to strike down any reservation meant for a creamy layer among the most backward classes. Till now, this was only applicable for reservations under the Other Backward Classes quota.

This will not be possible if only the creamy layer within that class bag all the coveted jobs in the public sector and perpetuate themselves, leaving the rest of the class as backward as they always were,” noted the bench. Now the governments (State and Centre) will have to decide which cadre, rank, class or employees do not have enough SC/ST representation and that the administrative capacity won’t be hit by such promotion.

The Indira Sawhney Supreme Court judgement in 1993 had directed the Union government to identify a creamy layer for caste reservations. The Court noted that giving reservation to the creamy layer in promotions will be against the principle of equality.

 

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