Context: The Supreme Court has decided to examine a petition to introduce a “system”, similar to the creamy layer concept for the Other Backward Classes (OBC). This seeks to achieve equitable distribution of reservation benefits among the Scheduled Castes and the Scheduled Tribes.
Relevance of the Topic: Prelims: Provisions for Reservation in India, Concept of creamy layer. Mains: Creamy layer in SC/ST reservations: Pros & Cons.
The petition contends that the present system of reservation disproportionately benefits economically better-off members within SC/ST groups, while the poorest and most marginalised sections remain excluded from real upliftment.
Reservation in India
Reservation in India is primarily caste-based, intended to address historical discrimination and social exclusion.
- Articles 15(4): Allows the State (Union or State governments) to make special provisions, including reservations in education and other affirmative measures for:
- Socially and Educationally Backward Classes (SEBCs)
- Scheduled Castes (SCs)
- Scheduled Tribes (STs)
- Article 16(4): Permits the State to make laws or policies for reserving appointments or posts in public employment in favour of any backward class of citizens which, in the State’s opinion, is not adequately represented in its services.
- Article 46: Directive Principle (DPSP) urging the State to promote educational and economic interests of SC/STs.
Creamy layer concept in Reservation:
- The creamy layer concept was introduced in Indra Sawhney v. Union of India (1992) for OBCs, excluding the economically advanced among them from availing reservation benefits.
- SC/ST reservations have so far been exempted from the creamy layer concept on the grounds that social discrimination against them operates regardless of income or education.
Over the years, concerns have been raised that within SC/ST communities, relatively affluent sections are cornering a disproportionate share of the opportunities.
Petition’s Key Proposals:
- The petition sought the introduction of a two-tier reservation system to be implemented within SC/ST categories, prioritising individuals from economically weaker sections before extending benefits to those who are relatively well-off.
- The proposal for restructuring does not involve any reduction in the current percentage of reservation for SC/ST or other minority communities but refine it by introducing income-based prioritisation.
Arguments in Favour of Applying Creamy Layer to SC/STs:
- Ensures equitable distribution of benefits within the community.
- Prevents the perpetuation of inequality within SC/ST groups.
- Direct reservation benefits to those in greatest need of upliftment.
- Aligns with economic justice principles in the Preamble.
Arguments Against:
- Caste-based discrimination can persist despite economic advancement.
- Risk of diluting the original purpose of SC/ST reservations which is to counter historical social exclusion, not just economic deprivation.
- Practical difficulty in defining and implementing economic criteria fairly.
- Potential to trigger social and political unrest within SC/ST communities.
Way Forward
- Commission an empirical study to assess intra-community disparities in SC/ST groups.
- Develop transparent and uniform income criteria if creamy layer is to be applied.
- Maintain affirmative action for socially disadvantaged while ensuring economic prioritisation.
- Consider phased implementation with extensive stakeholder consultation to avoid social backlash.
The proposal to apply the creamy layer principle to SC/ST reservations is a significant policy shift that attempts to reconcile social justice with economic fairness.
However, it must be approached with constitutional sensitivity, robust data, and political consensus to ensure that the most marginalised within these communities are not left behind.
Mains Practice Question:
Q. The introduction of a creamy layer within SC/ST reservations may improve the equitable distribution of benefits but risks undermining the core objective of affirmative action. Critically analyse.