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News: The Centre has opposed petitions before the Supreme Court seeking income-based prioritisation within reserved categories, arguing that the creamy layer principle does not apply to Scheduled Castes (SCs) and Scheduled Tribes (STs).
About Means-test and Creamy Layer
- About Means test: A means test in reservation is an income and wealth evaluation used to exclude economically advanced individuals known as the “creamy layer” from receiving quota benefits.
- About Creamy Layer
- Origin-The concept emerged from the landmark Indra Sawhney case ruling in 1992.
- Definition-The creamy layer refers to the more socially, economically, and educationally advanced members within a backward community. This is done to ensure reservation benefits reach those who need them most.
- It currently applies only to OBCs (Other Backward Classes).
- The creamy layer principle does not apply to SCs and STs under existing law and Supreme Court judgments.
- About sub-classification: – The creamy layer is different from sub-classification. Sub-classification involves breaking down a reserved category (like SC) into groups based on socio-economic criteria.
- The creamy layer, on the other hand, identifies the more advantaged individuals within a specific caste or community.
- About the issue related to creamy layer:
- The petitioner argued that a means test should be introduced for SC/ST reservations so that wealthier SC/ST families are excluded, allowing poorer members of these communities to benefit.
- The petition seeks a merit-cum-means reservation system by giving priority to economically weaker candidates within the SC, ST, OBC, and EWS categories through income-based sub-classification.
- Reason why creamy layer principle cannot be extended to SCs and STs: The Centre has argued that:
- SC/ST reservation is based on historical caste discrimination, not on income or wealth. Even if a person from these communities becomes financially well-off, they may still face caste-based discrimination.
- Any major change to the reservation system should be made by Parliament after detailed socio-economic studies, not through a court order.
- Constitutional stand: Only Parliament can add or remove a caste, tribe, or sub-group from the official lists of Scheduled Castes (SCs) and Scheduled Tribes (STs) under Articles 341 and 342.
- State governments, courts, tribunals, or any other authority cannot change these lists.
