LAW MINISTER CLARIFIES CREAMY LAYER EXCLUSION FOR SC/STS

Why in the news?

Union Minister Arjun Ram Meghwal refutes Opposition’s claims, stating the Constitution has no provision for a creamy layer within SC/ST reservations, following a recent Supreme Court observation.

LAW MINISTER CLARIFIES CREAMY LAYER EXCLUSION FOR SC/STS - UPSCsource:Toi

Constitutional Provisions and Government’s Stand:

  • Union Minister of State for Law, Arjun Ram Meghwal, clarified that the Constitution does not include provisions for a “creamy layer” within the Scheduled Castes (SC) and Scheduled Tribes (ST)
  • Meghwal emphasised that the BJP-led NDA government remains committed to following Dr. B.R. Ambedkar’s Constitution, ensuring the continuation of the reservation system for SCs and STs as it currently stands.

Opposition’s Response and Supreme Court’s Observation:

  • Congress president Mallikarjun Kharge criticised the idea of denying reservations to SCs and STs based on the creamy layer concept, calling it “condemnable.”
  • Kharge suggested that the government should have introduced legislation in Parliament to counter the recent Supreme Court judgement that addressed this issue.
  • Meghwal accused the Opposition of creating confusion by misrepresenting the Supreme Court’s observation, stressing that the Court’s remark on the creamy layer was merely an observation, not a directive.
Constitutional Provisions for Reservations and Backward Classes:

Article 16(4):

  • Allows the State to make provisions for the reservation of appointments or posts in favour of any backward class of citizens that is not adequately represented in state services.
  • Ensures that underrepresented backward classes receive fair opportunities in public employment.

Article 15(4):

  • Empowers the State to create special provisions for the advancement of socially and educationally backward classes of citizens, including Scheduled Castes (SC) and Scheduled Tribes (ST).
  • Focuses on promoting the welfare and interests of marginalised communities in education and social sectors.

Article 342A:

  • Grants flexibility to states in maintaining their lists of socially and economically backward classes (SEBCs).
  • Supports the identification and classification of backward classes at the state level, allowing for tailored policies to address regional disparities.

Constitutional Provisions for the Upliftment of Scheduled Castes (SCs):

  • Article 15: Prohibits discrimination based on caste, ensuring protection and upliftment of SCs.
  • Article 17: Abolishes Untouchability and prohibits its practice, promoting equality and dignity.
  • Article 46: Directs the State to promote educational and economic interests of SCs and other weaker sections, protecting them from social injustice.
  • Article 243D(4): Mandates reservation of seats for SCs in Panchayats in proportion to their population.
  • Article 243T(4): Ensures reservation of seats for SCs in Municipalities proportional to their population.
  • Articles 330 & 332: Provide reservation of seats for SCs and STs in the Lok Sabha and State Legislative Assemblies.

Constitutional Provisions for the Upliftment of Scheduled Tribes (STs):

  • Article 366(25): Defines STs through the process under Article 342.
  • Article 342(1): Allows the President to specify tribes as STs in any State/UT.
  • Fifth Schedule: Governs the administration of Scheduled Areas and STs in non-Sixth Schedule states.
  • Sixth Schedule: Governs tribal areas in Assam, Meghalaya, Tripura, and Mizoram.

Statutory Provisions:

  • Protection of Civil Rights Act, 1955: Protects against Untouchability.
  • SC/ST (Prevention of Atrocities) Act, 1989: Safeguards against atrocities.
  • Panchayats (Extension to the Scheduled Areas) Act, 1996: Extends Panchayat provisions to Scheduled Areas.
  • Forest Rights Act, 2006: Recognizes forest rights of STs and other traditional forest dwellers.

Associated Article:

https://universalinstitutions.com/call-for-evolving-policy-on-creamy-layer-for-scs-sts/