'No Provision For Creamy Layer': Cabinet To Follow Ambedkar's Draft Of Constitution For SC, ST Reservation

The Union Cabinet chaired by Prime Minister Narendra Modi on Friday affirmed that the Constitution, as drafted by B.R. Ambedkar, does not include a provision for a creamy layer within the reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs).

During a detailed discussion on the Supreme Court's ruling regarding the sub-categorization of these reservations, the Cabinet clarified its stance on the issue.

Information and Broadcasting Minister Ashwini Vaishnaw elaborated to the media on cabinet's stance saying, "It is the well thought view of the Union Cabinet that the NDA government is firmly committed to the provisions in the Constitution given by Dr Babasaheb Ambedkar."

He said there was a detailed discussion in the Union Cabinet meeting on a recent Supreme Court judgement that made certain suggestions on the reservation for the Scheduled Castes (SC) and Scheduled Tribes (ST).

"According to the Constitution given by B R Ambedkar, there is no provision for a creamy layer in the SC-ST reservation," Vaishnaw said.

He asserted that the provision for SC-ST reservation should be in accordance with the Constitution.

Asked whether the issue was raised by the minister for social justice and empowerment or the prime minister, Vaishnaw said it is the well-thought-out view of the Cabinet.

"I have told you about the discussion that took place in the cabinet meeting," Vaishnaw said to questions on whether any legislative changes were being planned on the issue.

Earlier on Friday, a delegation of SC and ST MPs met Prime Minister Modi and discussed the issue of SC/ST reservation and the Supreme Court judgement.

After the meeting, Modi said on X, "Met a delegation of SC/ST MPs today. Reiterated our commitment and resolve for the welfare and empowerment of the SC/ST communities."

Earlier this month, a seven-judge Bench of the Supreme Court led by Chief Justice D Y Chandrachud ruled in a 6:1 majority judgment that state governments were permitted to sub-classify communities within the SC list based on empirical data.

Supreme Court judge Justice B R Gavai had said that States must evolve a policy for identifying the creamy layer even among the Scheduled Castes (SC) and Schedule Tribes (ST) and deny them the benefit of reservation.

Justice Gavai penned a separate but concurring judgement in which the top court by a majority verdict said the states are empowered to make sub-classifications of Scheduled Castes and Scheduled Tribes for granting quotas within the reserved category to uplift those who belong to the more underprivileged castes.

BJP Rajya Sabha member Sikander Kumar, who was part of the delegation that met the prime minister, told PTI," All of us were concerned over the Supreme Court's observation. We were getting phone calls from people expressing concern over the matter."

"A delegation of MPs representing SCs and STs met the prime minister this morning and expressed their concern in this connection," he said in the Parliament complex.

The prime minister held a serious discussion with the MPs and assured that the government will not let the apex court's observation be implemented, Kumar said. "We express our gratitude towards the prime minister for this," he said.

BJP MP Faggan Singh Kulaste said the delegation in its memorandum to the prime minister urged that the apex court's observation on the issue of creamy layer should not be implemented.

"The prime minister was also held a similar view. He assured us that he will look into the matter and asked us not to worry, saying it will not be implemented in the SC and ST category," he told PTI.