New Delhi: Income-based sub-quota or creamy layer within Scheduled Castes and Scheduled Tribes can be introduced only after a holistic review and through an empirical study, the Centre has told the Supreme Court, as it opposed a PIL seeking directions to introduce the creamy layer concept among SC/STs and Other Backward Classes (OBCs).
More importantly, the Centre has urged the top court to refrain from issuing any order on the PIL, asserting that reliefs sought in it fall in the realm of policy and only Parliament can take a call on the question of extending creamy layer principle to SC/ST.
Centre made its submission by way of an affidavit filed in the Supreme Court.
The affidavit, prepared by the Union Ministry of Social Justice and Empowerment, came in response to a PIL filed by advocate Ashwini Upadhyay. Through his PIL, Upadhyay has asked the court to frame guidelines to introduce among others, income-based sub-quotas within reserved categories.
The guidelines, it has been argued, should ensure that candidates from economically weaker backgrounds within each reserved category are treated as a sub-class and accorded higher merit and priority in the selection process. This, the PIL contends, would be in compliance with a 2005 Supreme Court judgment wherein a constitution bench had observed that SCs and STs should be sub-classified for reservation purposes.
The affidavit asserted the country’s reservation policy is based “not solely on economic status” but on “historical and social criteria like caste, tribe and social backwardness”. Therefore, any modification in it should be preceded by a detailed survey, also covering the socio-economic data of reserved category beneficiaries.
The affidavit persuades the court to reject Upadhyay’s petition, keeping in view the doctrine of separation of powers and judicial precedents.
In fact, the 2005 judgment, referenced in the PIL, had explicitly put the onus on Parliament for taking necessary legislative steps to bring a policy in case a situation arose to introduce the creamy layer concept in SCs.
“The criteria for inclusion in the Scheduled Caste, Scheduled Tribe, and Socially and Educationally Backward Class lists are based on historical, social and economic backwardness. Socially and Educationally Backward Classes are identified by social, educational, and economic disadvantages, along with a lack of representation in services. These criteria are not spelt out in the Constitution, but have become well established. Thus, the identification of SC, ST and Socially and Educationally Backward Classes (SEBCs) and Other Backward Classes is based on historical and social criteria like caste, tribune, and social backwardness, and not solely on economic status,” read the affidavit.
It clarified that creamy layer principle has been developed in the context of OBC reservations, but is not applicable to SCs and STs. This, it said, was held in a 2008 constitution bench judgment as well.
“In majority of schemes of welfare and development of SCs, STs and SEBCs excepting reservation in educational institutions and reservation in services under the state, there is means test which ensures that benefits of schemes percolate to those who actually deserve them,” the affidavit stated.
(Edited by Amrtansh Arora)