The Union Government has opposed a plea seeking income-based preference within reserved categories, arguing that the creamy layer principle cannot be extended to Scheduled Castes and Scheduled Tribes under the existing constitutional framework.
Centre Defends Existing Reservation Framework
The Union Government has informed the Supreme Court that reservation policies for Scheduled Castes (SCs) and Scheduled Tribes (STs) cannot be altered by introducing income-based prioritisation within these categories.
In an affidavit filed before the Court, the Ministry of Social Justice and Empowerment contended that the existing constitutional and legal framework does not permit the application of the creamy layer principle to SC/ST communities.
Creamy Layer Principle Limited to OBCs
The Centre argued that the concept of creamy layer has been judicially recognised only in relation to Other Backward Classes (OBCs).
Relying on the Supreme Court’s decision in Indra Sawhney, the government submitted that the observations relating to exclusion of socially advanced individuals were expressly confined to OBCs and cannot be extended to Scheduled Castes or Scheduled Tribes.
The affidavit also referred to the Constitution Bench ruling in Ashoka Kumar Thakur, which reaffirmed that the creamy layer doctrine does not apply to SC/ST reservations.
Petition Sought Merit-cum-Means Approach
The matter arises from a petition seeking reforms to the reservation system in public employment and educational institutions.
The petitioner requested the Supreme Court to direct the Centre to introduce income-based preference within SC, ST, OBC and EWS categories so that economically weaker individuals within each reserved class receive priority during selection.
The plea also advocated a merit-cum-means approach as part of the reservation policy.
Government Says Major Policy Shift Needs Data
Opposing the petition, the Centre submitted that any proposal to restructure reservation policies would require a comprehensive review supported by empirical and socio-economic data.
According to the government, the petition lacks sufficient material to justify such a significant constitutional and policy change.
It further described the reliefs sought as broad, unsupported and incapable of being implemented without detailed legislative and policy consideration.
Also Read: Supreme Court Judge Justice Ujjal Bhuyan Raises Transparency Concerns Over Collegium Decisions
Parliament Alone Can Alter SC/ST Lists
The affidavit also reiterated that the list of communities recognised as Scheduled Castes and Scheduled Tribes can only be modified through Parliament in accordance with the Constitution.
The Centre argued that judicial directions cannot be used to indirectly alter the constitutional scheme governing reservation or redefine the manner in which these categories are treated.
Matter Pending Before Supreme Court
The Supreme Court had earlier issued notice on the petition while observing that the issues raised carried significant constitutional implications.
The matter will now proceed after considering the Centre’s response and the submissions of the parties.
Key Takeaways
- Centre has opposed income-based preference within reserved categories.
- Government says creamy layer principle does not apply to SC/STs.
- Existing law limits the creamy layer concept to OBC reservations.
- Centre says Parliament alone can alter SC/ST lists.
- Government argues reservation reforms require empirical data and policy review.
- The matter is pending before the Supreme Court.
Case: Ramashankar Prajapati v. Union of India & Others
Court: Supreme Court of India
