Context
Recently, the Union government opposed petitions seeking income-based exclusion within Scheduled Caste (SC) and Scheduled Tribe (ST) reservations. It argued that economic advancement alone does not eliminate historical discrimination and that policy changes require empirical study.
Explanation
- Articles 15(4) and 16(4) enable affirmative action; Articles 341 and 342 govern the Presidential Lists of SCs and STs.
- The creamy layer principle excludes socially advanced sections of Other Backward Classes; it is not merely an income test.
- It was firmly established for OBC reservations in Indra Sawhney (1992).
- SC/ST reservations address untouchability, historical discrimination and tribal disadvantage, which may persist despite economic progress.
- State of Punjab v. Davinder Singh (2024) permitted evidence-based sub-classification within SCs; this differs from excluding individuals through the creamy-layer principle.
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SC ST Creamy Layer: Centre’s Constitutional Position