Centre affirms no creamy layer provision in SC/ST reservation

New Delhi: In a significant development, the Union Cabinet on Friday asserted that the Constitution, as framed by Dr B R Ambedkar, does not provide for a creamy layer within the reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs).

The Cabinet, in a meeting chaired by Prime Minister Narendra Modi, extensively discussed the recent Supreme Court judgement on sub-categorization of SC and ST reservations. Information and Broadcasting Minister Ashwini Vaishnaw, addressing reporters after the meeting, stated: “It is the well-thought view of the Union Cabinet that the NDA government is firmly committed to the provisions in the Constitution given by Dr Babasaheb Ambedkar.”

Vaishnaw said that according to the Constitution, there is no provision for a creamy layer in SC-ST reservations. He asserted that these reservations should be implemented in accordance with the constitutional provisions.

The minister’s statements come in response to a recent Supreme Court judgement that suggested the possibility of sub-classification within SC and ST categories. A seven-judge bench, led by Chief Justice D Y Chandrachud, ruled in a 6:1 majority that state governments could sub-classify communities within the SC list based on empirical data. Justice B R Gavai, in his observations, suggested that states should develop a policy to identify a creamy layer among SCs and STs and exclude them from reservation benefits.

When questioned about potential legislative changes in light of the Supreme Court judgment, Vaishnaw refrained from providing specifics, stating only that he had shared the details of the Cabinet’s discussion.

Earlier on Friday, Prime Minister Modi met with a delegation of SC and ST MPs to discuss the reservation issue and the Supreme Court’s judgement. Following the meeting, Modi tweeted: “Met a delegation of SC/ST MPs today. Reiterated our commitment and resolve for the welfare and empowerment of the SC/ST communities.”