Supreme Court to reconsider exempting creamy layer of reservation

Supreme CourtAll National News 
  • Appeal to the Supreme Court of the Center
  • consider the decision to keep the creamy layer of SC-ST out of the purview of reservation
  • Attorney General KK Venugopal said- Bench hearing of 7 judges
  • Supreme Court to hear after two weeks
  • In 2018, the Constitution Bench of 5 judges had said they cannot give the benefit of reservation to the affluent class of SC and ST.

The Center has appealed for a reconsideration of the Supreme Court’s decision to keep the SC-ST creamy layer out of the purview of reservation. Attorney General KK Venugopal told the Supreme Court on Monday. This is it cannot enforce a very emotional issue and the rule of exempting the creamy layer from the benefit of reservation. Venugopal said that they should refer the matter to a larger bench of 7 judges for hearing. A bench of CJI SA Bobde said that he would hear the case after two weeks.

New petition filed, said- Creamy layer to be identified in SC-ST

A bench of CJI Bobde has sent a notice to the Center, and the National Scheduled Castes Commission on a petition filed by OP Shukla. The chairman of the National Assembly Committee will review the reservation policy. Shukla appealed it should be able to identify rationally which category of SC-ST is the creamy layer. Also,  separate it from the weaker section. The petition said that the Central Government has not yet identified the creamy layer in SC-ST. Such people are getting the benefit of reservation in place of weaker sections of this section.

Seeking instructions for identification of creamy layer

In a PIL filed in the same case, they appealed to direct the Supreme Court to decide how to separate the creamy layer of SC-ST from the non-creamy layer. The petition said that the court should direct the identification of the affluent people of this class. They will do it through an ‘absolute and logical test’. The Supreme Court is hearing several public interest petitions related to this case simultaneously.

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