Call on exclusion of creamy layer can only be taken by legislature

The Supreme Court on Thursday said that the idea of excluding the "creamy layer" from reservations — mentioned in a landmark August 1, 2024 judgment — was a view expressed by a section of that bench, and that the power to decide on the sensitive issue remained with the legislature.

- Abraham Thomas

The idea sparked a nationwide debate after three of the seven judges who delivered the August verdict suggested that quotas in jobs and education for Scheduled Castes (SCs) and Scheduled Tribes (STs) need not be retained for the children of those who have already benefited from reservation and those whose incomes and land holdings exceed a certain threshold.

Interestingly, Justice Bhushan R Gavai, who was part of the original bench and the author of the separate opinion advocating the exclusion of the creamy layer within SC/ST categories, headed the bench this question was posed to on Thursday.

"This was a view expressed by one of the judges that was endorsed by two other judges. No mandamus was issued by us," clarified Justice Gavai. The bench, also comprising Justice AG Masih, further said that the apex court's unanimous decision in August was focused on permitting subclassification within SC/STs, rather than making any binding ruling on the exclusion of the creamy layer.