What Supreme Court Said About 'Creamy Layer' In SC/ST Quota

The Supreme Court in a landmark judgment on Thursday (1 August) allowed the sub-quotas among more backward groups in the SC/ST categories.

A seven-judge constitution bench headed by Chief Justice D Y Chandrachud held by a 6:1 majority that the sub-classification of SCs and STs by states can be permitted to ensure the grant of quota to more backward castes inside these groups.

Besides the Chief Justice, the bench also comprised Justices B R Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra Sharma.

The SC bench held that the principles of social equality would entitle the State to provide preferential treatment to the most backward classes among the scheduled castes.

The bench delivered six separate but concurring judgements. While six judges upheld sub-classification, Justice Trivedi dissented.

Of the six judges, four stated that the exclusion of the creamy layer from benefits of affirmative action must be applied.

The ‘creamy layer’ refers to a class of persons within reserved categories who are socially and economically advanced. 

"The State must evolve a policy for identifying the creamy layer even from the Scheduled Castes and Scheduled Tribes so as exclude them from the benefit of affirmative action. In my view, only this and this alone can achieve the real equality as enshrined under the Constitution," Justice B R Gavai observed.

Justice Satish Chandra Sharma also agreed with Justice Gavai's view on creamy layer among SC/STs.

"On the question of applicability of the ‘creamy layer principle’ to Scheduled Castes and Scheduled Tribes, I find myself in agreement with the view expressed by Justice Gavai i.e., for the full realisation of substantive equality inter se the Scheduled Castes and Scheduled Tribes, the identification of the ‘creamy layer’ qua Scheduled Castes and Scheduled Tribes ought to become a constitutional imperative for the State," Justice Sharma wrote.

Supporting Justice Gavai's opinion, Justice Vikram Nath wrote, "I am also in agreement with the opinion of Brother Justice Gavai that ‘creamy layer’ principle is also applicable to Scheduled Castes and Scheduled Tribes, and that the criteria for exclusion of creamy layer for the purpose of affirmative action could be different from the criteria as applicable to the Other Backward Classes".

Justice Pankaj Mithal also concurred with Justice Gavai's opinion, saying, "Justice Gavai has rightly concluded that the State must evolve a policy of identifying the creamy layer even from the scheduled castes and scheduled tribes so as to exclude them from the benefit of reservation".

Also Read: Supreme Court Allows Sub-Quotas For More Backwards Among SC/ST Categories