Centre tells SC: No Creamy layer for SC/STs

Team SoOLEGAL 29 Mar 2018 6:34pm

Centre tells SC: No Creamy layer for SC/STs

New Delhi: While listening to PIL filed by Samata Andolan Samiti, the Supreme Court bench of Chief Justice Dipak Misra and Justice A M Khanwilkar asked the Government to specify its positions on consideration of creamy layer in reservation for SC/STs. Speaking on the behalf of government, the Attorney General stated that Section regarding creamy layer applied only to OBCs and was not applicable for SC/STs.

The government had already been in huge pressure as SC had recently given a judgement that barred Police from arresting a person accused of committing an offence under the SC and ST (Prevention of) Atrocities Act. Political parties and the allies of the government have asked the centre to file a review petition in SC.

Next date of hearing on the matter is in 2nd week of July and the court has given Centre 4 weeks to file its reply.

The PIL is based on Indra Sahwney case where in November 1992, the SC had upheld the Centre's decision to accept Mandal Commission recommendations to grant 27% quota in jobs to Other Backward Classes (OBCs) but at the same time a condition was put by which well off sections (creamy layer) among the OBCs were to be kept out.

However in 2006, SC in M Nagaraj case gave a verdict by which amendment was made to allow government to make provisions for reservation in promotions on factors such as 'backwardness' of the section of population, their inadequacy in representation in service and thirdly, that such reservation did not impede the 'overall efficiency' of governance.

The PIL in the court charges that non-exclusion of creamy layer from SCs/STs has defeated the purpose behind the social welfare measure as a select few families have for generations cornered the quota, meaning that "almost the entire community remains deprived".

ASG Narasimha said creamy layer was applicable to the reservation for OBCs, which was brought through a law. "This cannot apply to the reservation (for SCs and STs) made through Presidential Order under Article 341 of the Constitution," he said.

Tagged: SC   OBC   ST   PIL  
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all


C2RMTo Know More

Something Awesome Is In The Work









Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.