The Supreme Court’s recent decision on SC/ST reservation has ignited significant political debate across the country. The Court endorsed the move by some state governments to categorize the SC/ST communities into two groups and proposed introducing a creamy layer provision similar to that used in OBC reservations. This recommendation has sparked widespread controversy, with supporters of SC/ST reservations arguing that these policies were never intended to address economic status but were established to combat discrimination and untouchability faced by Dalit and tribal communities.
The debate centers around whether the reservation system should evolve with societal changes. While untouchability and discrimination have notably decreased in urban areas over the past 75 years, they have not been eradicated. The Supreme Court’s suggestion reflects the view that the reservation policy should adapt to current realities to ensure that the most disadvantaged individuals benefit from it. The creamy layer concept aims to prevent individuals from privileged backgrounds within these communities from benefiting disproportionately from reservation schemes.
Despite the Court’s recommendations, the existing status of SC/ST reservations will remain unchanged. The Supreme Court’s comments are intended to make the reservation system more effective by ensuring that it benefits those who are most in need. The creamy layer provision, currently applied to OBC reservations, excludes families with annual incomes above ₹8 lakh from reservation benefits. However, SC/ST reservations are grounded in addressing social inequality and untouchability, distinguishing them from OBC reservations, which focus on economic and social backwardness.
The validity of the creamy layer suggestion for SC/ST reservations is debated. The Supreme Court’s proposal aims to refine the reservation system but does not mandate immediate changes. The focus on the creamy layer has intensified political reactions, with opposition parties, notably Congress, voicing concerns. Recently, BJP ST-SC MPs raised similar concerns with Prime Minister Narendra Modi.
The implementation of the Supreme Court’s suggestion depends on the Central Government’s discretion. The government has the option to introduce a bill in Parliament to adopt these changes or maintain the current system. For now, the government has indicated no intention to alter the existing reservation framework. Thus, there appears to be no immediate need for legislation to address the creamy layer proposal as suggested by some opposition leaders.