• UGI USER
  • Aug 02, 2024
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CALL FOR EVOLVING POLICY ON CREAMY LAYER FOR SCS, STS

Syllabus:

GS 3:

  • Indian Constitution—Historical Underpinnings, Evolution, Features.
  • Welfare Schemes for Vulnerable Sections of the population.

Why in the News?

The Supreme Court’s call to exclude the creamy layer among SCs and STs from reservation benefits is significant for achieving true social justice. This move aims to ensure that affirmative action reaches those who are genuinely disadvantaged and addresses the disparity within reservation policies.

Source: HT

What is the Issue in focus?

  • Supreme Court’s Call: Four judges on a Constitution Bench of the Supreme Court emphasized the need to develop criteria to exclude the creamy layer among Scheduled Castes (SC) and Scheduled Tribes (ST) from reservation benefits.
  • Justice Gavai’s Explanation: Justice B.R. Gavai explained that an SC/ST person who only achieves lower-level positions like peon or sweeper through reservation remains socially, economically, and educationally backward.
  • High Echelons: Justice Gavai suggested that individuals who have benefited from quotas to reach high positions should be considered as part of the creamy layer and should forgo reservation benefits to allow more deserving individuals to benefit.
  • State Policy Requirement: The State must create a policy to identify the creamy layer among SCs and STs, ensuring that the benefits of affirmative action reach the truly needy and deserving.
  • Different Criteria: Justice Gavai noted that the criteria for excluding the creamy layer among SC/STs could differ from those applied to Other Backward Classes (OBCs), as the social dynamics and historical disadvantages vary.
  • Real Equality: Excluding the affluent from quota benefits is crucial for achieving real equality, according to Justice Gavai, emphasizing that only then can true social justice be realized.
What is the Creamy Layer Concept?

  • Origins: The creamy layer concept was first introduced in the 1992 Indra Sawhney vs Union of India case by the Supreme Court, which examined reservation policies.
  • Definition: It refers to the more advanced members of a backward class who, due to their social, economic, and educational progress, benefit disproportionately from reservations meant for the less advanced members of that class.
  • Government Norms: The Supreme Court instructed the Central Government to set criteria for identifying the creamy layer. Initially fixed at ₹1 lakh in 1993, the ceiling has since increased to ₹8 lakh in 2017.

Chronology:

  • 1980: Mandal Commission recommended 27% reservation for OBCs in jobs.
  • 1990: V P Singh Government implemented the 27% reservation for OBCs.
  • 1991: Narasimha Rao Government aimed to prioritize poorer OBC sections within the quota.
  • 1992: Indra Sawhney judgment mandated exclusion of the creamy layer from OBC reservation benefits and confirmed its exclusion for SCs and STs.

Judicial Consensus

  • Justice Vikram Nath’s Agreement: Justice Vikram Nath supported Justice Gavai’s opinion, highlighting the necessity of evolving distinct criteria for identifying the creamy layer among SCs and STs.
  • Justice Sharma’s View: Justice Satish Chandra Sharma concurred, stating that for substantive equality within SCs and STs, identifying the creamy layer should become a constitutional mandate for the State.
  • Substantive Equality: Justice Sharma emphasized that identifying and excluding the creamy layer within SCs and STs is essential for the full realization of substantive equality among these groups.
  • Constitutional Imperative: According to Justice Sharma, it is imperative for the State to address the creamy layer issue constitutionally, ensuring that affirmative action reaches the most disadvantaged.
  • Affirmative Action: The judges collectively stressed that affirmative action must focus on the genuinely disadvantaged, and excluding the creamy layer is a step towards ensuring this.
  • Policy Evolution: The judges’ opinions reflect a significant judicial push towards evolving policies that balance social justice and effective affirmative action by excluding the affluent among SCs and STs.

Impact on Reservation Policies

  • Reservation Benefits: The proposed changes in policy could impact how reservation benefits are distributed among SCs and STs, ensuring that only the genuinely disadvantaged benefit.
  • Policy Implementation: Effective implementation of such a policy requires clear criteria and robust mechanisms to identify the creamy layer among SCs and STs.
  • Social Justice: By excluding the affluent from reservation benefits, the policy aims to achieve true social justice and equitable opportunities for the most marginalized.
  • Legal Framework: The evolution of this policy will require adjustments in the legal framework governing reservations, ensuring it aligns with the constitutional mandate for equality.
  • Administrative Measures: Administratively, the State will need to develop efficient methods to assess and identify the creamy layer, preventing misuse and ensuring fairness.
  • Long-Term Effects: In the long run, this policy could lead to a more equitable distribution of opportunities, fostering social mobility among the most disadvantaged sections of society.

Challenges and Considerations

  • Defining Criteria: One of the significant challenges will be defining clear and fair criteria to identify the creamy layer among SCs and STs, considering various socio-economic factors.
  • Political Will: Effective implementation will require strong political will and consensus, given the sensitive nature of reservation policies and their impact on various communities.
  • Awareness and Acceptance: Raising awareness and gaining acceptance for this policy change among the affected communities will be crucial for its success and effectiveness.
  • Legal Challenges: The policy might face legal challenges and scrutiny, necessitating a robust and constitutionally sound framework to withstand judicial review.
  • Monitoring and Evaluation: Continuous monitoring and evaluation will be necessary to assess the policy’s impact and make adjustments as needed to ensure it meets its objectives.
  • Inclusivity: Ensuring that the policy is inclusive and does not inadvertently exclude genuinely disadvantaged individuals is essential for maintaining social equity and justice.

Way Forward: Future Directions

  • Policy Development: The State should initiate the development of clear, evidence-based policies to address the creamy layer issue among SCs and STs.
  • Stakeholder Engagement: Engaging with stakeholders, including community leaders and experts, will be vital to create a balanced and widely accepted policy.
  • Capacity Building: Building capacity within administrative bodies to implement and monitor the policy effectively will be crucial for its success.
  • Continuous Review: Regular reviews and updates to the policy will ensure it remains relevant and effective in addressing the evolving socio-economic dynamics.
  • Educational Campaigns: Conducting educational campaigns to inform the affected communities about the policy changes and their benefits will help in smooth implementation.
  • Holistic Approach: Adopting a holistic approach that considers all aspects of social, economic, and educational backwardness will ensure comprehensive and lasting solutions for social justice.

Conclusion

The judicial push for excluding the creamy layer among SCs and STs represents a step toward more equitable distribution of reservation benefits. Implementing this policy effectively will require careful planning, clear criteria, and robust mechanisms to ensure it addresses genuine needs without unintended exclusions.

Source:Indian Express

Mains Practice Question: 

Discuss the implications of excluding the creamy layer among Scheduled Castes (SCs) and Scheduled Tribes (STs) from reservation benefits. How can this policy enhance the effectiveness of affirmative action, and what challenges might arise in its implementation?

Associated Article:

https://universalinstitutions.com/on-reservations-and-the-obc-creamy-layer/