Currently the principle of creamy layer applies only to Other Backwards Classes (OBCs) and not SC/STs.
However, four of the seven top court judges who were part of the bench which allowed sub-classification of SC/STs, also called for creamy layer identification among SC/STs, so that benefits of reservation reach only the backward among such communities.
Justice BR Gavai in his concurring judgment said that the ultimate aim of reservation is to realise real equality in the country and creamy lawyer among SC/STs should be identified and excluded from the benefits of reservation.
“State must evolve a policy to identify creamy layer among the SC ST category and take them out of the fold of affirmative action (reservation). This is the only way to gain true equality,” Justice Gavai said.
Justice Vikram Nath too said the creamy layer principle applicable to OBCs should also apply to the SCs but the criteria for excluding creamy layer of SCs from the ambit of reservation could be different from that applicable to OBCs.
“I am also in agreement with the opinion of brother Justice Gavai that the creamy layer principle is also applicable to Schedule Castes and Scheduled Tribes and that the criteria for exclusion of creamy lawyer for the purpose of affirmative action could be different from the criteria as applicable to the Other Backward Classes,” Justice Nath said.
Source: Barandbench
