Creamy Layer Exclusion From SC/ST Reservation To Be Decided By Executive/Legislature : Supreme Court

Summary

In this video, Arjit discusses a crucial Supreme Court decision regarding the reservation policy for SC/ST categories in India. While reservations are provided to these categories, a recent petition in the Supreme Court challenges the inclusion of the 'creamy layer' rule for SC/ST individuals, similar to the OBC category. The Court clarified that while it expressed an opinion on this matter, it does not mandate the government to apply this rule. The video also introduces an upcoming judiciary exam preparation course, set to begin on January 15, 2025, offering comprehensive coaching for various state exams.

Takeaways

• 😀 The reservation system in India applies to SC, ST, and OBC categories, covering education, jobs, and government institutions.
• 😀 The 'creamy layer' concept excludes high-income individuals in the OBC category from receiving reservations.
• 😀 SC and ST categories do not currently have the 'creamy layer' exclusion, allowing even high-income individuals in these groups to benefit from reservations.
• 😀 A recent Supreme Court decision raised the possibility of applying the 'creamy layer' concept to SC and ST categories as well.
• 😀 The Supreme Court's opinion, delivered in a case called Davinder Singh, suggested that the creamy layer concept could be applied to SC and ST categories, but it was not a binding directive.
• 😀 A petition was filed in the Supreme Court requesting that Madhya Pradesh exclude high-income SC and ST individuals from receiving reservations in government jobs.
• 😀 The Supreme Court clarified that it cannot issue orders on specific policy implementations related to reservation, as that is the responsibility of the central government.
• 😀 The central government has the authority to decide whether the creamy layer concept will apply to SC and ST categories.
• 😀 The Supreme Court emphasized that their opinion on the issue does not mandate immediate changes or action by the government.
• 😀 The case Santosh Malviya v. State of Madhya Pradesh exemplifies the legal arguments surrounding the application of the creamy layer concept to SC and ST groups.

Q & A

What was the key decision made by the Supreme Court regarding SC, ST, and OBC reservations?

The Supreme Court ruled that the concept of 'creamy layer' should be applied to SC and ST categories as it currently is for OBCs, meaning that individuals belonging to the creamy layer within SC or ST categories should not receive reservations.

What is the 'creamy layer' concept?

The creamy layer refers to individuals within a particular category, such as OBC, whose family income exceeds a certain threshold. These individuals are considered economically advanced and are excluded from receiving reservations.

How does the creamy layer concept apply to OBC, SC, and ST categories?

Currently, the creamy layer concept is applied only to OBCs, meaning those who belong to OBCs but have a higher income are excluded from receiving reservations. However, the Supreme Court has suggested applying this concept to SC and ST categories as well.

Why did the petitioner approach the Supreme Court regarding the creamy layer in SC and ST categories?

The petitioner sought the application of the creamy layer concept to SC and ST categories in the recruitment process by the Madhya Pradesh government. They argued that those falling under the creamy layer in these categories should not receive reservations.

What was the Supreme Court's response to the petitioner's request?

The Supreme Court clarified that it cannot directly issue an order to remove creamy layer individuals from receiving reservations in SC and ST categories. It stated that such decisions fall under the jurisdiction of the central government, not the judiciary.

What did the petitioner argue regarding a previous judgment on the creamy layer in SC and ST categories?

The petitioner referred to a previous judgment in which some judges had expressed the opinion that the creamy layer concept should apply to SC and ST categories, similar to OBCs, and that the central government should formulate policies regarding this matter.

What did the Supreme Court clarify about its previous opinion regarding the creamy layer concept?

The Supreme Court clarified that its previous judgment was an opinion and not an order. The Court had only suggested that applying the creamy layer concept could potentially improve the reservation policy, but it did not mandate any action from the government.

What was the key point made by the Supreme Court in the case of Vishakha vs. State of Rajasthan?

In the Vishakha case, the Supreme Court had directed the central government to formulate policies when it felt that the government was not taking appropriate action. However, in the current case, the Court clarified that it could not directly intervene in the reservation policy, as that is the domain of the executive and legislature.

Why did the central government oppose the application of the creamy layer concept to SC and ST categories?

The central government has made it clear that it does not intend to apply the creamy layer concept to SC and ST categories. It believes that doing so could have negative implications for those in these categories who are still socio-economically disadvantaged.

What are the key takeaways from the Supreme Court's decision in this case?

The Supreme Court's decision highlighted that it cannot directly impose policies on reservations. While it suggested that applying the creamy layer concept to SC and ST categories could improve the reservation system, the ultimate decision on its implementation lies with the central government.