The Supreme Court on Monday issued notice to the Centre and all state governments on a public interest litigation (PIL) that demands the introduction of the “creamy layer” principle in reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs).
Chief Justice of India Surya Kant and Justice Joymalya Bagchi directed the Union government and state authorities to respond to the writ petition filed under Article 32 of the Constitution by advocate Ashwini Kumar Upadhyay.
Upadhyay argued that children of SC/ST families who already hold senior government or constitutional positions should not continue to receive reservation benefits. He contended that extending quota advantages to socially and economically advanced families within SC/ST categories undermines the purpose of affirmative action.
The petition emphasised that lawmakers introduced reservations as a remedial and temporary measure to uplift communities facing entrenched social, educational, and economic backwardness. It claimed that over time, an elite class within SC/ST groups cornered benefits across generations while excluding the weakest members.
The plea cited Constituent Assembly debates to assert that reservations should not become hereditary or undifferentiated. It warned that failure to exclude the creamy layer creates serious national, social, and economic consequences, including elite capture of benefits, reduced administrative efficiency, and violation of constitutional principles of equality and justice.
The petition referred to the 2024 Constitution Bench verdict in State of Punjab vs. Davinder Singh, which recognised that Scheduled Castes do not form a homogenous class and stressed that benefits must reach the “weakest of the weak.”
Earlier, a seven-judge Bench headed by then Chief Justice D.Y. Chandrachud suggested applying the creamy layer principle to SCs and STs, while cautioning against reserving 100 per cent of seats for any sub-class. Justice B.R. Gavai asked whether the children of senior officers could be equated with disadvantaged students in rural schools. Justices Vikram Nath, Pankaj Mithal, and Satish Chandra Sharma supported his view.
The Union Cabinet later stated that the Constitution does not provide for a creamy layer within SC/ST reservations. Union Minister Ashwini Vaishnaw reiterated that the government remains committed to cthe onstitutional provisions framed by Dr B.R. Ambedkar.
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