Union Cabinet Reaffirms No 'Creamy Layer' Provision in SC/ST Reservations as Per Constitution

The Cabinet, after a meeting chaired by PM Narendra Modi, took up for discussion the recent judgment of the Supreme Court on the sub-categorization of reservations for SCs and STs. "The NDA government stands firmly by the Constitution as envisioned by Dr Ambedkar," Information and Broadcasting Minister Ashwini Vaishnaw tweeted.

It was on Friday that the Union Cabinet made it clear that there was no provision in the Constitution drafted by B.R. Ambedkar for a "creamy layer" from within the reservation system for SCs/STs.

The Cabinet, after a meeting chaired by PM Narendra Modi, took up for discussion the recent judgment of the Supreme Court on the sub-categorization of reservations for SCs and STs. "The NDA government stands firmly by the Constitution as envisioned by Dr Ambedkar," Information and Broadcasting Minister Ashwini Vaishnaw tweeted.

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The Cabinet has deliberated at length on the suggestions made by the Supreme Court regarding reservations for SC and ST, Vaishnaw said. He reiterated that there is no provision in the Constitution, framed by B.R. Ambedkar, for a creamy layer in these reservations. What is important is that the Cabinet has taken a clear stand that reservations in SC-ST need not compromise on the strict adherence to the Constitutional framework.

Asked if the issue was raised by Minister of Social Justice and Empowerment or the Prime Minister, Vaishnaw asserted that it was the unanimous view of the Cabinet. He said nothing to suggest any plan to introduce any legislation for this issue.

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Earlier in the day, SC and ST MPs met PM Modi and discussed the reservation issue and the judgment of the Supreme Court. Modi later took to social media and assured that the government remained committed to the welfare and empowerment of SCs and STs.

A bench headed by Chief Justice D Y Chandrachud held the state governments can make sub-groups or sub-categories in SC list on the basis of empirical data. Justice B.R. Gavai wrote a separate but agreeing opinion saying, "States may formulate a policy to exclude the creamy layer within SCs and STs from the benefits of reservation.". The ruling allows states to make sub-classifications with a view to targeting assistance more effectively among such groups to their most disadvantaged members.

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