SC allows sub-groups among SCS/STS
Judgment set to trigger debate on providing quota within quota and introducing creamy layers among the SC/STS
NEWDELHI: Scheduled Caste (SC) and Scheduled Tribe (SC/ST) communities do not constitute a homogenous group and can be further sub-classified to ensure that the benefits of reservation in government jobs and higher education institutions percolate down to the weaker sections, the Supreme Court observed on Thursday in a ruling that could potentially have far-reaching political ramifications.
In the ruling likely to reignite the debate surrounding application of the so-called creamy layer principle to SC/ST groups, a fivejudge Constitution bench headed by justice Arun Mishra said that there are unequals within the list of SC/ST groups, necessitating their sub-classification, which state governments are entitled to do. The top court will also re-examine its 2004 judgment in EV Chinnaiah v. State of Andhra Pradesh case in which it was held that SC/STS form a homogenous class.
“The entire basket of fruits cannot be given to mighty at the cost of others under the guise of forming a homogenous class,” the bench observed.
NEW DELHI : Scheduled Caste (SC) and Scheduled Tribe (SC/ST) communities don't constitute a homogenous group and can be further sub-classified to ensure the benefits of reservation in government jobs and higher education institutions percolate down to weaker sections, the Supreme Court observed on Thursday in a ruling that may have far-reaching political ramifications.
In the ruling likely to reignite the debate on application of the so-called creamy layer principle to SC/STS, a five-judge Constitution bench headed by justice Arun Mishra said there are unequals within SC/ST groups, necessitating their sub- classification, which state governments are entitled to do. The bench also called for review of a past top court ruling that SCS and STS were homogenous communities.
“In case benefit which is meant for the emancipation of all the castes, included in the list of Scheduled Castes, is permitted to be usurped by a few castes, those who are adequately represented, have advanced and belonged to the creamy layer, then it would tantamount to creating inequality whereas in case of hunger every person is required to be fed and provided bread. The entire
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The entire basket of fruits cannot be given to mighty at the cost of others under the guise of forming a homogenous class.
5-JUDGE CONSTITUTION BENCH
basket of fruits cannot be given to mighty at the cost of others under the guise of forming a homogenous class,” the bench observed.
The bench also said reservation for weaker sections was not contemplated by the Constitution makers in perpetuity and the constitutional goal of social transformation cannot be achieved without taking into account changing social realities.
Creamy layer is a term used to describe better-off individuals among Other Backward Classes (OBCS) who are ineligible for reservations. Households with annual income above Rs 8 lakh fall under creamy layer. SCS have a 15% quota and STS a 7.5% quota in government jobs and university seats. OBCS have a 27% quota. Governments have been against extending this principle to quotas for SCS and STS on the grounds that they have been socially disadvantaged and backward for centuries and application of the creamy layer principle to them will defeat the object of reservation. The ruling Bharatiya Janata Party declined to comment. The Congress said it was studying it.
“Supreme Court judgments are ultimately binding on us but subject to prescribed method of reviews and reconsideration. As of now, even the ink has not dried and therefore we are studying the judgment as it deals with a major social issue. Only after we finish reading what the apex court has said will we be able to formulate our views.” said the Congress’s Abhishek Singhvi. .
CPI (M) politburo member Brinda Karat said: “We are against applying creamy layer to scheduled castes and scheduled tribes which would mean that some sections of these communities would be deprived of affirmative action. So we oppose these comments of the SC on applying creamy layer to SCS and STS. However. within the reservations there is already some subreservations, for example in tribal areas in Rajasthan; within the quota there is a specific quota for Bhils who form the majority. In Telangana, there is an issue between hill tribes and plains tribes. So it depends on the concrete situation in each state. This has not been taken into account by the Supreme Court.”