"No Creamy Layer Provision...": Centre After Top Court's Sub Quota Order

There is no provision for creamy layer in reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Constitution as envisaged by BR Ambedkar, the Centre said today days after the Supreme Court order on sub quotas.

Briefing reporters after the cabinet meet, Information Minister Ashwini Vaishnaw said there was a detailed discussion at the meeting on a recent Supreme Court judgment that made certain suggestions on the reservation for the SCs and STs.

He said the cabinet is of a well-thought-out view that the National Democratic Alliance (NDA) government is committed towards the provisions of the Constitution.

"According to the Constitution given by B R Ambedkar, there is no provision for a creamy layer in the SC-ST reservation," Mr Vaishnaw said, underlining that the provision for SC-ST reservation should be in accordance with the Constitution.

Asked whether the issue was raised by the minister for social justice and empowerment or the Prime Minister Narendra Modi, Mr Vaishnaw said it was the unanimous view of the cabinet. 

Earlie today, Law Minister Arjun Ram Meghwal asked the Opposition not to "mislead" the society on the "observations" of a Supreme Court judge on carving out a creamy layer for exclusion from SC/ST reservations.

"The reference to creamy layer in the sub-categorisation of SC/STs is an observation by a Supreme Court judge and not a part of the decision. The member should not make an attempt to mislead the society," Mr Meghwal said replying to supplementaries during the Question Hour in the Lok Sabha. 

There is still no clarity whether the Centre has accepted the Supreme Court decision to sub classify communities within the Scheduled Castes list. 

The Prime Minister today met a delegation of SC/ST MPs and assured them that the government is committed to their welfare.  

"Met a delegation of SC/ST MPs today. Reiterated our commitment and resolve for the welfare and empowerment of the SC/ST communities," PM Modi posted on X today. 

Met a delegation of SC/ST MPs today. Reiterated our commitment and resolve for the welfare and empowerment of the SC/ST communities. pic.twitter.com/6iLQkaOumI

— Narendra Modi (@narendramodi) August 9, 2024

BJP Rajya Sabha member Sikander Kumar, who was part of the delegation that met the Prime Minister, told news agency PTI," All of us were concerned over the Supreme Court's observation. We were getting phone calls from people expressing concern over the matter." 

BJP MP Faggan Singh Kulaste said the delegation in its memorandum to the Prime Minister urged that the top court's observation on the issue of creamy layer should not be implemented.

In a majority verdict, the Supreme Court last week said states are empowered to make sub-classifications of Scheduled Castes and Scheduled Tribes for granting quotas inside the reserved category to uplift more underprivileged castes.

A seven-judge constitution bench headed by Chief Justice DY Chandrachud held by a 6:1 majority that the further sub-classification of SCs and STs by states can be permitted to ensure grant of quota to more backward castes inside these groups.

The bench delivered six separate judgments. Four judges favoured excluding the creamy layer from the SC/ST quota.

The majority verdict said the basis of sub-classification has to be justified by "quantifiable and demonstrable data by the states, which cannot act on its whims".