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India

SC to examine plea seeking ‘creamy layer’ exclusion in SC, ST reservations

New Delhi, Jan 12 (UNI) The Supreme Court on Monday agreed to examine the issue of implementing the ‘creamy layer’ principle in reservations granted to Scheduled Castes (SCs) and Scheduled Tribes (STs). A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued notice in a public interest litigation filed under Article 32 of the Constitution seeking exclusion of the creamy layer from SC/ST reservations. The petitioner, Ashwini Kumar Upadhyay, appeared in person before the Court.

Central India's Premier English Daily

Central India's Premier English Daily

Credit: Centralchronicle

Key Highlights

  • The plea contends that the non-exclusion of the creamy layer from SC/ST reservations violates multiple constitutional provisions, including Articles 14, 15, 16, 17, 38, 41, 46, 51A(j) and 335.
  • It asserts that affluent and socially advanced families within SC/ST communities are cornering a substantial portion of reserved seats in competitive examinations and public employment, thereby depriving the most disadvantaged sections of the intended benefits.
  • According to the petitioner, the cause of action arose on December 1, 2025, when it came to light that members of the creamy layer within SC/ST categories were availing reservation benefits across union and State civil services examinations, as well as in entrance tests such as JEE, NEET, CLAT, CAT and recruitment processes in banks, railways and other government services.
  • The petition argues that reservations were envisaged by the Constitution’s framers as a tool for socio-economic justice and not as a permanent or blanket entitlement.
  • It submits that excessive reservation without periodic assessment and without exclusion of the creamy layer is contrary to the constitutional ethos of justice, equity and equal opportunity.
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Sources

  1. SC to examine plea seeking ‘creamy layer’ exclusion in SC, ST reservations

This quick summary is automatically generated using AI based on reports from multiple news sources. The content has not been reviewed or verified by humans. For complete details, accuracy, and context, please refer to the original published articles.

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