Context
Recently the Union Cabinet categorically asserted that the principle of creamy layer does not apply to reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs).
About
- SC Judgement: Recently, a seven-judge Bench of the Supreme Court had dominated in a 6:1 majority judgment that State governments were authorised to sub-classify communities within the SC listing based on empirical data, to furnish quotas within the reserved class to uplift people who belong to the more underprivileged castes.
- A separate but concurring judgment Justice B.R. Gavai said that States ought to evolve a policy for figuring out the ‘creamy layer’ even among the SC and ST classes and deny them the benefit of reservations.
- Government’s Response: Law Minister informed the Lok Sabha that the ‘creamy layer’ precept was not a part of the Supreme Court’s recent judgement on sub-categorisation inside the SC quota.
Reservation in India
- As per existing commands, reservation is provided to Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs) on the rate of 15%, 7.5% and 27%, respectively, in case of direct recruitment on all India foundation by open competition.
- In direct recruitment on an all India basis, other than by open competition, the share fixed is 60.66% for SCs, 7.5% for STs and 25.84% for OBCs.
- The Constitution (103rd Amendment) Act 2019 permits the State (i.e., both the Central and State Governments) to offer reservation to the Economically Weaker Sections (EWS) of the society.
- Since the 1992 order, several states have passed legal guidelines breaching the 50% ceiling, which includes Haryana, Telangana, Tamil Nadu, Andhra Pradesh, Madhya Pradesh, Uttar Pradesh, Rajasthan, Chhattisgarh and Maharashtra.
- Laws made by lots of these states have either stayed or are dealing with criminal challenges.
Creamy Layer Principle
- It is a concept used to ensure that reservations in instructional institutions and government jobs are extended to people that are economically and socially deprived within a positive institution.
- It aims to prevent the more affluent or advantaged contributors of a reserved category from availing themselves of those services.
- Origin: The Concept was first articulated through the Supreme Court of India in the Indra Sawhney case (1992), also called the Mandal Commission case.
- The Court’s ruling emphasized that within the OBC (Other Backward Classes) category, those who are relatively more privileged should not benefit from reservations.
- Criteria: The “creamy layer” is determined primarily based on diverse standards, along with income and education levels.
- Impact: By making use of the creamy layer precept, the government aims to make its affirmative action rules more effective and equitable, making sure that individuals who are most in need get hold of the guide supposed for them.
Constitutional Provisions
- Article 16: It gives for equality of opportunity for all citizens however as an exception the State can offer for reservation of appointments or posts in favour of any backward class that isn’t always adequately represented inside the nation services.
- Article 16 (4A): Provides that the State can make any provision for reservation in topics of advertising in favour of the Scheduled Castes and the Scheduled Tribes if they’re not thoroughly represented in the services under the State.
- Article 335: It recognises that specific measures need to be followed for considering the claims of SCs and STs to offerings and posts, with a purpose to deliver them at par.
- 103rd Amendment of the Constitution of India: Introduced 10% reservation for Economically Weaker Sections (EWS) of society by amending Article 15 and Article 16 of the Constitution.
Arguments in Favour of Reservation
- Historical Injustice: It is seen as a corrective degree to address the historic injustices and discrimination faced by certain groups.
- Social Equality: It is designed to promote social equality and reduce disparities by delivering opportunities for education, employment, and representation.
- Constitutional Mandate: The Constitution of India, under Articles 15(four) and 16(4), empowers the nation to make special provisions for the advancement of socially and educationally backward training of citizens.
- Social Upliftment: Reservation is regarded as a tool for the social upliftment of marginalized communities, imparting them with possibilities to interrupt free from the cycle of poverty, illiteracy, and social exclusion.
Argument Against Reservation
- Merit: Critics argue that individuals have to be selected for instructional and process opportunities based on their capabilities, capabilities, and qualifications rather than their caste or social history.
- Reverse Discrimination: Reservation policies result in reverse discrimination, as people from certain privileged companies may also face negative aspects in terms of tutorial and employment opportunities.
- Creamy Layer: The concept of the “creamy layer” refers to the economically higher-off people within reserved categories.
- Benefits need to be centered on people that in reality need assistance, and there has to be a reconsideration of the standards for figuring out eligibility.
- Division in Society: Some argue that reservation policies improve social divisions by categorizing humans based on their caste or network.
Conclusion
- The Supreme Court has mounted a provision that states must collect quantifiable data on the illustration of SCs and STs in a selected cadre of service and form a judgment concerning the inadequacy of representation based on that data.
- Positive discrimination as represented can lead to critical advances in societies along with deep-seated social inequalities, but such systems should be periodically examined and redesigned.
- The most obvious reform could be to reduce the range of relatively wealthy beneficiaries.
Source: The Hindu