Supreme Court Now Introduces “Creamy Layer” in SC and ST Reservations

“Creamy layer” which was so far applicable in terms of the people of Other Backward Class (OBC), will now be applied in case of promotions in government jobs of the Scheduled Caste and Scheduled tribes candidates as well. A Constitution bench of the Supreme Court made this new introduction to the reservation system of the SC and STs on Wednesday.

The Dalits and Adivasis who belong to the SC and ST tribes were so far been excluded from the “creamy layer” category as it was considered that these tribes are backward due to their social status of untouchability and not because of their economic backwardness. But things are changing now.

Before this, the “creamy layer” concept was applicable to the OBC people only who were divided on the basis of their annual income.

It was in a decision to revise a judgment made by M Nagaraj vs Union of India back in 2006 only, that the Supreme Court had set up the Constitution Bench last year. It was in that judgement it was held that restrictions could be placed on reservations for Scheduled Castes and Scheduled Tribes in promotions in government jobs. But now, the shift of the Dalit and Adivasi reservations from caste discrimination to economic criteria shows the change in the outlook of both the courts as well as the experts.