No Creamy Layer for SC/ST: ASG after SC prods

NEW DELHI: The Supreme Court has asked the Centre to formally make it clear that it was opposed to introducing the concept of creamy layer in reservations given to Scheduled Castes and Scheduled Tribes.

A two-judge bench led by CJI Dipak Misra and Justice AM Khanwilkar asked ASG PS Narasimha to place the government stand in an affidavit after he opposed the idea. “The concept of creamy layer won’t apply to SCs and STs,” the ASG said.

The constitutional philosophy of giving reservations to SCs and STs stands on a completely different footing, he said. He, however, clarified that he was only assisting the court as a law officer. The bench then asked him to place the formal government stand on the subject before the court.


The top court was acting on a PIL which sought to have the affluent in the communities weeded out so that the benefits of the reservations were not arrogated by a few but percolated down to those who actually needed it. The concept of creamy layer is currently restricted to reservations in jobs and admissions in the OBC category only. The PIL, filed by the Samta Andolan Samiti through advocate Shobhit Tiwari, was argued by counsel Gopal Shankarnarayan.

The bench had earlier ordered that a copy of the PIL be served on the government’s litigation wing as the first step. The association represents several poor and backward members of these two categories from Rajasthan.

Among those who have been made parties to the petition include the Cabinet Secretariat, the departments of personnel and training, legal affairs and social justice and empowerment. The National Commission for Scheduled Castes and the National Commission for Scheduled Tribes have also been made parties to the petition.

They claimed most of the entitlements are appropriated by the affluent and advanced sections of SCs and STs.