Centre counters Supreme Court, turns down SC/ST creamy layer exclusion
What's the story
The central government has hinted that it will not implement the Supreme Court's suggestion for a creamy layer within the Scheduled Castes (SC) and Scheduled Tribes (ST) reservations. Union Minister Ashwini Vaishnaw, while briefing the media about the Cabinet's decisions, stated that there is no provision for a creamy layer in the reservations for SCs and STs in the Constitution, and the government is committed to upholding it.
Cabinet decision
Government's response to Supreme Court's suggestion
Vaishnaw said, "A detailed discussion took place during the Cabinet meeting and the well-thought-through decision is that the NDA government is committed to adhering to the provisions of the Constitution formed by BR Ambedkar." "According to BR Ambedkar's Constitution, there is no provision for creamy layer within SC and ST," he said.
Court perspective
Supreme Court's stance on creamy layer exclusion
On August 1, the Supreme Court ruled that state governments have the authority to create subclassifications within SCs and STs for preferential reservations. This decision was passed with a 6-1 majority by a seven-judge Constitution bench. The majority verdict said that the basis for sub-classification must be substantiated by "quantifiable and demonstrable data by the states, which cannot act on its whims." Justice Bela M. Trivedi was the only dissenting voice on the bench.
Community influence
Government's decision influenced by SC/ST community leaders
The government's decision came after SC and ST community leaders from the Bharatiya Janata Party met Prime Minister Narendra Modi, urging the government not to implement the court's suggestion. Allies such as the Lok Janshakti Party (LJP) also opposed the suggestion and announced they would take legal recourse. Its chief, Chirag Paswan, argued that the main basis for the classification of Scheduled Castes was untouchability, which has not been mentioned anywhere in the Supreme Court order.
Other decisions
Cabinet announces housing and infrastructure projects
Separately, the Cabinet announced several housing and infrastructure projects. These include 10 million houses for urban poor and middle-class families under the Pradhan Mantri Awas Yojana-Urban 2.0 scheme, financial assistance for construction of 20 million houses under Pradhan Mantri Awas Yojana - Gramin (PMAY-G) during 2024-25 to 2028-29. Other announcements were eight new railway projects at an estimated cost of ₹24,657 crore, Clean Plant Programme (CPP) with an outlay of ₹1,766 crore, and an extension of the PM Jeevan programme.