Sc ST Creamy Layer petition Filed.Reservation is not poverty eradication program..”
Anil Vaidya
Recently, a Public Interest Litigation (PIL) has been filed in the Supreme Court seeking the implementation of the “creamy layer” principle. The Supreme Court has expressed its willingness on Monday to consider hearing this PIL. According to the petition, it seeks the creation of an income-based reservation system for Scheduled Castes (SC) and Scheduled Tribes (ST).
The Bench comprising Justice Suryakant and Justice Jaymalya Bagchi has issued a notice to the Union Government regarding the PIL filed by Ramashankar Prajapati and Yamuna Prasad, asking for a response by 10 October 2025.
Previously, in Punjab Government vs. Devendra Singh and Andhra Pradesh cases, matters were assigned to a 7-judge Bench, and the verdict was delivered on 1 August 2024. That ruling clarified that the state government has the authority to classify Scheduled Castes, and in that judgment, the Supreme Court also recommended the application of the “creamy layer” principle for SCs and STs. Though the issue was not directly under consideration, the Court provided guidance for applying the creamy layer principle.
It is important to note that the Indian Constitution does not explicitly provide for the “creamy layer”. Articles 15(4), 15(5), 16(4), and 16(5), which allow reservation, do not mention the creamy layer. Similarly, Articles 341 and 342, which list Scheduled Castes and Tribes, also do not refer to the creamy layer.
In Indira Sawhney vs. Union of India (1992), a 9-judge Bench had stated that the creamy layer principle does not apply to SCs and STs. This shows a divergence in interpretation between the Constitution and the approach of some constitutional authorities.
Within backward classes, the wealthier sections are also often discriminated against. In employment, they are falsely accused and dismissed, deliberately assigned lower-level postings, or otherwise treated unfairly. Such caste-based discrimination affects both the poor and relatively well-off individuals.
From the 1930–32 Round Table Conferences to the Constituent Assembly, Dr. B.R. Ambedkar never mentioned the creamy layer while advocating for reservations. Even at that time, there were wealthy individuals among SCs and STs—such as Dashrath Patil from Hinganghat, Rajabhau Khobragade from Chandrapur, Amritrao Rankhambe from Nashik, among others—but the allocation of reservation was without distinguishing between rich and poor, giving assured benefits to all SC/ST individuals. This principle was endorsed by the Congress and other representatives to ensure social justice.
Thus, introducing the creamy layer principle now, through judicial recommendation, may betray the original intent of the Constitution. If the fence is already in place, what should a farmer do? Similarly, the application of the creamy layer may create divisions within SC/ST communities. Courts could be used as a tool to favor certain groups, and wealthier SCs or STs could occupy reserved seats, creating two separate groups.
Dr. Ambedkar’s philosophy suggested that social mobility and equality should be achieved, allowing all SC/ST individuals to progress, regardless of wealth, through education and employment. Reservation is intended for social representation, not merely a poverty-alleviation program. Selection boards are not impartial enough to ensure that well-off SC/ST candidates are fairly treated—they may still be denied seats in the open category or from reservation.
This raises serious concerns:
Will SC/ST individuals classified as creamy layer be denied protection under atrocity laws?
Will they be refused redress for caste-based discrimination?
Historically, there have been cases, such as Dorai Champakan vs. Madras Government (1951), where the Supreme Court struck down reservations for educational admissions. Dr. Ambedkar, then Law Minister, had approved constitutional amendments to provide for reservation under Article 15(4), despite opposition, illustrating the careful balance the Constitution sought to maintain.
The Supreme Court’s recent guidance on creamy layer for SCs/STs on 1 August 2024 has raised complex questions, and the issue has faced nationwide debate. The central government, lawmakers, and legal professionals must carefully consider this matter to ensure that the spirit of social justice and constitutional intent is preserved.
Anil Vaidya
12 August 2025
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