Centre rejects income-based 'Creamy Layer' for SCs and STs in Supreme Court
The Central government has strongly opposed petitions in the Supreme Court seeking the introduction of an income-based "creamy layer" exclusion within Scheduled Caste (SC) and Scheduled Tribe (ST) reservation quotas.
In a fresh affidavit, the Centre clarified that the creamy layer principle applies strictly to Other Backward Classes (OBCs) and cannot be extended to SCs and STs under the existing constitutional framework. The government emphasized that affirmative action for these communities’ targets centuries of systemic caste discrimination, untouchability, and social exclusion—not merely economic disadvantage. Consequently, income cannot serve as the sole benchmark to exclude beneficiaries.
The legal challenge follows the apex court’s 2024 judgment permitting states to create sub-classifications within SC/ST quotas to aid the most underprivileged groups. While non-binding observations by individual judges suggested identifying a creamy layer, the Centre stressed these remarks were not part of the official ruling.
Urging the court to dismiss the petitions, the government argued that introducing income caps requires legislative policy decisions and extensive socio-economic data, warning against judicial intervention in altering established constitutional protections.

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