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Centre Opposes 'Creamy Layer' Extension for SC/ST Quotas in Supreme Court

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The Union Government has informed the Supreme Court that the introduction of a 'creamy layer' concept for SC/ST reservations is a legislative prerogative, not a judicial one. This stance highlights the government's distinct approach toward SC/ST quotas compared to the existing OBC reservation framework.

In a significant development regarding the constitutional framework of reservations, the Union Government has filed a counter-affidavit in the Supreme Court, formally opposing the extension of the 'creamy layer' principle to Scheduled Castes (SC) and Scheduled Tribes (ST). The government argues that the exclusion of affluent members within these communities from reservation benefits is a matter of legislative policy to be determined by Parliament, rather than a subject for judicial intervention. This position marks a clear distinction between the reservation policies for Other Backward Classes (OBC) and those for SC/STs. While the 'creamy layer' concept—which excludes socially and educationally advanced individuals from quota benefits—has been a cornerstone of OBC reservation policy since the Indra Sawhney judgment (1992), the government maintains that the historical and social context of SC/ST communities is fundamentally different. The government contends that the systemic discrimination and untouchability faced by these groups necessitate a different approach to affirmative action, one that should remain within the domain of the legislature.

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