Government opposes 'creamy layer' extension to SC/ST reservations citing constitutional criteria

Hindustan Times - India · 7 Aug 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

The Centre told the Supreme Court that the 'creamy layer' concept cannot be extended to SC/ST reservations as it is based on historical and social criteria, not economic status alone, highlighting constitutional protections under Articles 341 and 342.

Key points

Government's stance: The Centre argued that reservation for SC/ST categories is based on historical and social backwardness, not economic criteria, unlike the OBC reservation where the creamy layer applies.

Constitutional basis: The government cited Articles 341 and 342 of the Constitution, which govern the identification of SCs and STs, stating they do not permit alterations based solely on economic criteria.

Judicial restraint: The Ministry of Social Justice and Empowerment urged the Supreme Court to refrain from judicial interference in reservation policy, asserting that only Parliament can decide on extending the creamy layer principle.

Historical context: The creamy layer concept was introduced for OBCs by the Sattanathan Commission (1971) and later formalized by the Ram Nandan Committee (1993), but never extended to SC/STs.

Economic sub-quota plea: The government opposed a petition seeking income-based sub-quotas within reserved categories, emphasizing the need for empirical study before any policy modification.

[GS2-Governance] This connects to governance challenges in balancing social justice with economic criteria, a recurring theme in affirmative action debates.

[GS3-Economy] The exclusion of economic criteria in SC/ST reservations has implications for resource allocation and poverty alleviation measures within these communities.

Way Forward: The government should commission a comprehensive socio-economic study of reservation beneficiaries, consider targeted welfare schemes for economically weaker SC/ST members, and establish a constitutional review mechanism for periodic evaluation of reservation policies.

Key terms

Ram Nandan Committee

Constituted in 1993 to identify the 'creamy layer' among OBCs following the Supreme Court's Mandal Commission verdict. It established income and status criteria for exclusion from reservation benefits. For UPSC, this committee is significant as it operationalized the creamy layer concept post-Indra Sawhney judgment, shaping contemporary reservation policy.

Creamy Layer

A concept in Indian reservation policy that excludes affluent members of Other Backward Classes (OBCs) from availing reservation benefits. It was introduced to ensure that the benefits of reservation reach the most disadvantaged within OBCs. The current income threshold is ₹8 lakh annually from non-agricultural sources. For UPSC, this is significant as it reflects the judiciary's role in refining affirmative action (Indra Sawhney case, 1992).

Articles 341 & 342

Constitutional provisions that empower the President to specify Scheduled Castes and Scheduled Tribes respectively through public notification. These articles establish that only Parliament can modify the SC/ST lists, creating a constitutional safeguard against arbitrary changes. For UPSC, these articles are crucial for understanding the federal structure and protections for marginalized communities.

Sattanathan Commission

A 1971 committee that first proposed the exclusion of the 'creamy layer' from OBC reservations in Tamil Nadu's government jobs. Its recommendations laid the groundwork for later judicial interventions on reservation policies. For UPSC, this represents early state-level attempts to refine affirmative action before national-level judicial rulings.