“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, Mr Vaishnaw said it is the well-thought-out view of the cabinet. 

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.

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”.