SC Asks Centre's Response On Plea Seeking Creamy Layers Among SC/STs For Reservation

New Delhi: The Supreme Court on Monday agreed to examine a plea seeking a direction to implement constitutionally aligned reform to bring reservation benefits by income, so that the poorest within eligible communities receive the first preference.

The matter came up before a bench comprising justices Surya Kant and Joymalya Bagchi. The bench agreed to examine the plea that has been filed by Ramashankar Prajapati and Yamuna Prasad, and orally observed that counsel must “be ready to face lots of opposition,” due to the far-reaching impact of the plea.

The plea has been filed by advocate Sandeep Singh and settled through advocate Reena N Singh. The bench issued notice to the Centre and sought their response by October 10.

The plea contended that by introducing an income-based prioritisation mechanism within Scheduled Castes and Scheduled Tribes reservations, the proposed framework aims to prioritise opportunities for the most disadvantaged individuals amongst the SC-ST communities.

The plea said the necessity of such an approach stems from the fact that over the past 75 years, reservations have disproportionately benefited a select few within the reserved categories, creating intra-community economic disparities and failing to achieve holistic upliftment. “The reservation system was established as a tool for social justice, aimed at rectifying centuries of discrimination and socioeconomic deprivation faced by marginalised communities. However, the economic realities within SC, ST and OBC groups have significantly changed over time”, said the plea.

“A small percentage of families within these communities have gained access to quality education, stable employment and economic mobility, thereby securing a generational advantage. In contrast, a vast majority within SC, ST and OBC groups continue to struggle with financial hardships and lack of access to essential resources such as quality education, healthcare and employment opportunities”, said the plea.

The plea sought a direction to frame policies for a more equitable and just system of reservation in government employment and educational opportunities, thereby ensuring equitable distribution of reservation benefits on a merit-cum-means approach.

The petitioners sought to highlight the economic disparities within these communities, which have led to an inequitable distribution of benefits under the existing reservation policies.

"While the reservation framework was initially introduced to uplift historically disadvantaged communities, the current system disproportionately benefits people belonging to relatively well-off economic strata and high social status backgrounds within these groups, thereby leaving the most economically deprived members with limited access to opportunities," the plea said.

The plea submitted that the creamy layer mechanism ought to be introduced amongst SCs and STs, thus ensuring benefits reach the needy, as without this, wealthy SC/ST families continued to claim benefits and enjoy intergenerational benefits.

The plea sought a direction to urgently integrate economic criteria into the reservation policy to ensure that benefits are conferred upon those who genuinely require state support.

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