SC calls for major overhaul of SC/ST reservation policy
In a significant development, the Supreme Court on Thursday called for the identification of a creamy layer among the Scheduled Castes and Scheduled Tribes (SC/STs) to take them out of the fold of affirmative action (reservation). At present the principle of creamy layer applies only to Other Backwards Classes (OBCs) and not SC/STs. However, four of the seven top court judges who were part of the bench which allowed sub-classification of SC/STs, also called for creamy layer identification among SC/STs, so that benefits of reservation reach only the backward among such communities.
Justice B R Gavai who is from the SC community, in his concurring judgment said that the ultimate aim of reservation is to realize real equality in the country, and the creamy layer among SC/STs should be identified and excluded from the benefits of reservation. “State must evolve a policy to identify creamy layer among the SC-ST category and take them out of the fold of affirmative action (reservation). This is the only way to gain true equality,” Justice Gavai said.
Justice Vikram Nath also agreed with Justice Gavai said the creamy layer principle applicable to OBCs should also apply to the SCs but the criteria for excluding the creamy layer of SCs from the ambit of reservation could be different from that applicable to OBCs. “I am also in agreement with the opinion of Brother Justice Gavai that the creamy layer principle is also applicable to Schedule Castes and Scheduled Tribes and that the criteria for exclusion of creamy lawyer for the purpose of affirmative action could be different from the criteria as applicable to the Other Backward Classes,” Justice Nath said.
Justice Pankaj Mithal also echoed similar sentiments holding that reservation should be meant for only the first generation among a category. “Reservation should be meant for only the first generation among a category and if the second generation has come up then benefits of reservation shall not be given and State should see if, after reservation, the second generation has come shoulder to shoulder with the general category,” he stated. Justice Satish Chandra Sharma said that the identification of creamy layer among SC/STs must become a constitutional imperative.
Two judges on the Bench, Chief Justice of India D Y Chandrachud and Justice Manoj Misra did not express any opinion in this regard, while Justice Bela Trivedi delivered a dissenting judgment.
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For extending the benefit of the reservations in the true sprit of the affirmative action the benefit should be extended to one generation per family particularly when the requirement for reservations is so great. The politicians will not do it to protect vote banks and the first generations beneficiaries will not do it to protect their future generations. The only hope is the court.