New Delhi: The Centre opposes income-based reservation within reserved categories, telling the Supreme Court that the creamy layer principle does not apply to Scheduled Castes (SCs) and Scheduled Tribes (STs). In an affidavit filed through the Ministry of Social Justice and Empowerment, the Union Government argued that reservation for SCs and STs is based on historical and social backwardness, not only economic status. It also said any major change in reservation policy must be made by Parliament and supported by detailed socio-economic data.
SC/ST Reservation: Why Has the Centre Opposed Income-Based Prioritisation
The Union Government opposed petitions seeking income-based prioritisation within SC, ST, OBC and EWS reservations. The Centre said such changes cannot be directed by the Supreme Court because reservation policy falls within the executive and legislative domain. It added that introducing income-based preferences would require extensive empirical studies and policy review.
SC/ST Reservation: What Did the Centre Say About the Creamy Layer Rule
The government clarified that the creamy layer principle applies only to Other Backward Classes (OBCs). It argued that the principle cannot be extended to SCs and STs because these categories receive reservation primarily due to historical discrimination and social backwardness rather than economic conditions.
Which Supreme Court Judgments Did the Centre Cite
To support its stand, the Centre relied on earlier Supreme Court rulings. It referred to the Indra Sawhney judgment, which confined the creamy layer concept to OBCs. It also cited the Ashoka Kumar Thakur judgment, saying it had already clarified that the creamy layer principle is not applicable to SCs and STs for reservation purposes.
SC/ST Reservation: What Did the Petition Seek
The petition asked the Supreme Court to direct the Centre to introduce a merit-cum-means approach within reserved categories. It proposed giving higher priority to economically weaker candidates within SC, ST, OBC and EWS categories by creating income-based sub-classifications. Another petition also sought application of the creamy layer principle to SCs and STs.
Why Did the Centre Oppose the Plea
According to the Centre, reservation is intended to address historic social and educational disadvantages, not only poverty. The government said changing this framework without proper legislative action and reliable socio-economic evidence could alter the constitutional objectives of reservation.
Supreme Court Proceedings
The Supreme Court had earlier issued notice on the petitions. During the initial hearing, the Bench observed that the petitioners should be prepared for strong opposition because the issues involved have wide constitutional and social implications. The matter is currently under consideration.
