Union Cabinet Asserts No Creamy Layer Provision in SC/ST Quota, Respects Constitution

The Union Cabinet confirmed on Friday that the Constitution, as framed by B R Ambedkar, does not include a provision for a creamy layer in the reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs). This was discussed in detail during a meeting chaired by Prime Minister Narendra Modi.

Earlier this month, a seven-judge Bench of the Supreme Court, led by Chief Justice D Y Chandrachud, ruled in a 6:1 majority judgment that state governments could sub-classify communities within the SC list based on empirical data. Justice B R Gavai, in a separate but concurring judgment, stated that states must develop policies to identify the creamy layer among SCs and STs and exclude them from reservation benefits.

Commitment to Constitutional Provisions

Information and Broadcasting Minister Ashwini Vaishnaw reiterated that the NDA government is dedicated to upholding the provisions in the Constitution as established by Dr. Babasaheb Ambedkar. Vaishnaw emphasised that according to Ambedkar's Constitution, there is no provision for a creamy layer in SC-ST reservations.

During the Cabinet meeting, there was an extensive discussion on a recent Supreme Court judgment regarding the sub-categorisation of reservations for SCs and STs. Vaishnaw asserted that any provision for SC-ST reservation should align with the Constitution.

Discussion with Prime Minister Modi

On Friday, a delegation of SC and ST MPs met with Prime Minister Modi to discuss the issue of SC/ST reservation and the Supreme Court judgment. Following this meeting, Modi posted on X, "Met a delegation of SC/ST MPs today. Reiterated our commitment and resolve for the welfare and empowerment of the SC/ST communities."

When asked if legislative changes were being considered regarding this issue, Vaishnaw responded that he had already conveyed the details of the Cabinet discussion. He did not specify whether any legislative amendments were planned.

Justice Gavai's separate judgment highlighted that states are empowered to make sub-classifications within SCs and STs to grant quotas within the reserved category. This aims to uplift those belonging to more underprivileged castes within these groups.

The Union Cabinet's stance reflects its commitment to maintaining the integrity of Ambedkar's constitutional provisions while addressing contemporary judicial interpretations. The ongoing discussions indicate a focus on ensuring that reservation policies remain fair and effective without deviating from constitutional guidelines.