As Supreme Court asks governments to decide on creamy layer policy in SC/ST Reservations; J&K Govt comes to spotlight

By: Faisal Nazeer (Ziraat Times)

New Delhi: The Supreme Court has reiterated its concerns regarding the continued provision of reservation benefits to individuals belonging to the “creamy layer” within the Scheduled Castes (SC) and Scheduled Tribes (ST) categories. The landmark August 2024 ruling had called for excluding these individuals to ensure that the most disadvantaged within these groups benefit from reservations.

However, the court on Thursday (January 9), emphasised that the responsibility to act on this rests with the legislature and the executive, as reported by The Times of India.

In the ongoing debate on Reservation rationalisation in J&K, observers believe that the Supreme Court observation of January 9 would put spotlight back on the J&K government, which had put the onus on the judiciary on the matter, while tasking a cabinet sub committee to make recommendations on the matter within six months.

“This now puts J&K government into the spotlight as the present NC government has a majority to introduce a bill reflecting rationalisation demands in J&K. Although the final call still would remain with the LG’s office under the UT scheme of things, whether to allow such a bill to be tabled in the Assembly, cabinet sub committee’s recommendations would be closely watched”, said a Srinagar-based constitutional lawyer.

Dominant sections within Dalit communities have voiced strong opposition to the sub-categorisation of SC/STs, complicating efforts to implement the ruling. Advocate Siddharth Gupta, representing a petitioner from Madhya Pradesh, urged the court to direct all government departments and public sector undertakings (PSUs) to cease extending reservation benefits to those in the creamy layer of SC/ST communities.

The bench, comprising Justices BR Gavai and Augustine George Masih, stressed on January 9 the judiciary’s limitations in enforcing policy changes.

“We have given our view that such persons who have already availed benefits and are in a position to compete with others should be excluded from reservation. But it is a call to be taken by the executive and legislature,” said Justice Gavai.

The court also referenced Attorney General R Venkataramani’s argument that policy-making remains the domain of the legislature, and judicial intervention should be minimal. Emphasising the need for legislative action, Justice Gavai pointed out that elected representatives must take responsibility for enacting necessary changes.

The August 2024 judgment marked a pivotal step towards reforming reservation policies by advocating for a tailored approach to identify and exclude the creamy layer in SC/ST communities, distinct from the established principles applied to OBCs. Justice Gavai, part of the seven-judge bench behind the ruling, underscored the necessity of this mechanism to address inequalities and promote equitable opportunities for the most disadvantaged.

Despite this judicial guidance, resistance to sub-categorisation persists, prompting ongoing legal challenges and debates on its implementation.