New Delhi, Oct 4:   The Supreme Court has dismissed a series of petitions seeking a review of its landmark decision that allows sub-classification within Scheduled Castes (SCs) and Scheduled Tribes (STs) for affirmative action benefits. A 7-judge Constitution Bench, led by Chief Justice D.Y. Chandrachud, rejected the pleas, stating that “there is no error apparent on the face of the record,” and dismissed the review petitions under Order XLVII Rule 1 of the Supreme Court Rules 2013.

The review petitions challenged the court’s August 1 ruling, in which a majority of justices suggested applying the “creamy layer” principle to SCs and STs for availing quota benefits. The court, however, emphasized that while sub-classification would be permissible, the government cannot reserve all available seats for a particular sub-class to the exclusion of others within the SC/ST list.

In a 6:1 decision, the court overturned its 2004 judgment in the E.V. Chinnaiah vs State of Andhra Pradesh case, which had ruled against preferential treatment for certain sub-castes within SCs. Justice B.R. Gavai, in his detailed opinion, argued for the application of the creamy layer test, similar to how it is applied to Other Backward Classes (OBCs), stating that it would advance the principle of equality as enshrined in the Constitution.

Justice Gavai posed a critical question: “Can a child of IAS/IPS or Civil Service officers be equated with a child of a disadvantaged member belonging to Scheduled Castes, studying in a Gram Panchayat or Zilla Parishad school in a village?” His opinion, supported by Justices Vikram Nath, Pankaj Mithal, and Satish Chandra Sharma, stressed that the government must develop a policy to identify the creamy layer even within SCs and STs to ensure that affirmative action reaches the most disadvantaged.

The 2004 ruling by a 5-judge Constitution Bench had held that SC/ST groups form a homogeneous class that cannot be further classified. However, the August 2024 ruling now stands, overturning that precedent.

In response to the Supreme Court’s August decision, the Union Cabinet, chaired by Prime Minister Narendra Modi, held a discussion and reiterated that no provision of the Constitution allows for the concept of a “creamy layer” within SC/ST quotas. Union Information and Broadcasting Minister Ashwini Vaishnaw affirmed the government’s commitment to the provisions of the Constitution, stating that “according to the Constitution given by B.R. Ambedkar, there is no provision for a creamy layer in the SC/ST reservation.”