India Opposes Creamy Layer for SC and ST Reservations

The Government of India has filed a counter-affidavit in the Supreme Court of India opposing petitions that seek to implement a creamy layer principle and income-based prioritization for Scheduled Castes (SCs) and Scheduled Tribes (STs). The petitions, filed by Ramashankar Prajapati and advocate Ashwini Upadhyay, argue that children of SC/ST family members in senior government positions should be excluded from benefits to ensure a more equitable distribution among the weakest sections.

In its response, the government argued that discrimination against these communities is rooted in historical and social backwardness rather than economic status. The government asserted that while the creamy layer principle applies to Other Backward Classes (OBCs) and Socially and Educationally Backward Classes (SEBCs), it does not apply to SCs and STs. Furthermore, the government maintained that the lists of SCs and STs can only be modified by Parliament through law, not by courts, tribunals, or state governments.

The Ministry of Social Justice and Empowerment contended that the plea is beyond the scope of judicial review because policy framing is an executive function. The government urged the court to dismiss the petitions, stating that any modification to the reservation policy would require a holistic review and a thorough empirical study based on socio-economic data.