Supreme Court has issued notice to the central and state governments on creamy layer in reservations for the SC and ST.

New Delhi. The Supreme Court has issued a notice to the Central and State Governments on the PIL demanding implementation of creamy layer in SC and ST. Creamy layer is not applicable in SC-ST category. Creamy layer is applicable only on OBC reservation. Senior advocate and BJP associate Ashwini Upadhyay has filed a PIL regarding implementation of creamy layer in SC-ST reservation also. This petition was heard by the bench of CJI Surya Kant and Justice Jaimalya Bagchi.

In the petition, Ashwini Upadhyay has said that the time has come when the benefits of SC-ST reservation should be distributed in a more equitable manner. Ashwini Upadhyay has said in the PIL that if a member of an SC-ST family has already reached a constitutional or senior government post, then their children should not get reservation. Also, Ashwini Upadhyay has said in the petition demanding implementation of creamy layer in SC-ST reservation that if the children of affluent families of SC-ST continue to get reservation, its benefits do not reach the most backward and needy people of that class. During the hearing on the petition to implement creamy layer in SC-ST reservation, Ashwini Upadhyay said that continuing to give reservation to members of families who have progressed socially and economically within such a class, defeats the basic objective of affirmative action.

The petitioner argued in the Supreme Court bench that the purpose of reservation is to bring people who have been marginalized for centuries into the mainstream. Reservation does not mean making those who are already in top positions more prosperous. After hearing the arguments, CJI Surya Kant agreed that a wide discussion and opinion of the states is necessary on implementing creamy layer in SC-ST reservation. The Supreme Court has sent a notice to the Central and State Governments to know whether the benefits of reservation are limited only to some developed families? Under the creamy layer, the benefit of reservation is not to be given to people above the certain income limit. In August 2024, a seven-judge bench of the Supreme Court had given approval to the states to identify sub-categories and creamy layer in the SC-ST category.