No provision for creamy layers in SC/ST quota in Constitution: Centre

The Union Cabinet on Friday asserted that there was no provision for a creamy layer in the reservation for SCs and STs in the Constitution given by B R Ambedkar.

The Union Cabinet, at a meeting chaired by Prime Minister Narendra Modi, held a detailed discussion on the Supreme Court judgement on the sub-categorisation of reservation for SCs and STs as granted in the Constitution.

"It is the well thought view of the Union Cabinet that the NDA government is firmly committed to the provisions in the Constitution given by Dr Babasaheb Ambedkar," Information and Broadcasting Minister Ashwini Vaishnaw told reporters here.

He said there was a detailed discussion in the Union Cabinet meeting on a recent Supreme Court judgement that made certain suggestions on the reservation for the Scheduled Castes (SC) and Scheduled Tribes (ST).

"According to the Constitution given by B R Ambedkar, there is no provision for a creamy layer in the SC-ST reservation," Vaishnaw said.

He asserted that the provision for SC-ST reservation should be in accordance with the Constitution.

Asked whether the issue was raised by the minister for social justice and empowerment or the prime minister, Vaishnaw said it is the well-thought-out view of the Cabinet.

"I have told you about the discussion that took place in the cabinet meeting," Vaishnaw said to questions on whether any legislative changes were being planned on the issue.

Earlier on Friday, a delegation of SC and ST MPs met Prime Minister Modi and discussed the issue of SC/ST reservation and the Supreme Court judgement.

After the meeting, Modi said on X, "Met a delegation of SC/ST MPs today. Reiterated our commitment and resolve for the welfare and empowerment of the SC/ST communities."

Earlier this month, a seven-judge Bench of the Supreme Court led by Chief Justice D Y Chandrachud ruled in a 6:1 majority judgment that state governments were permitted to sub-classify communities within the SC list based on empirical data.

Supreme Court judge Justice B R Gavai had said that States must evolve a policy for identifying the creamy layer even among the Scheduled Castes (SC) and Schedule Tribes (ST) and deny them the benefit of reservation.

Justice Gavai penned a separate but concurring judgement in which the top court by a majority verdict said the states are empowered to make sub-classifications of Scheduled Castes and Scheduled Tribes for granting quotas within the reserved category to uplift those who belong to the more underprivileged castes.