NEW DELHI, Jan 12: The Supreme Court on Monday issued notice to the Centre and all state governments on a public interest litigation (PIL) seeking the implementation of the “creamy layer” principle in reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs).

A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi sought responses from the Union government and the states on the writ petition filed under Article 32 of the Constitution by advocate Ashwini Kumar Upadhyay.

Appearing before the court, Upadhyay argued that children of SC/ST members who have already attained constitutional positions or senior government posts should not be allowed to continue availing reservation benefits. He contended that extending reservations to socially and economically advanced families within SC/ST communities defeats the purpose of affirmative action.

The petition stated that reservation was introduced as a remedial and temporary measure to uplift communities suffering from deep-rooted social, educational and economic backwardness. However, it claimed that over time an elite class has emerged within SC/ST groups which has achieved social mobility and economic stability, yet continues to corner reservation benefits generation after generation, excluding the most disadvantaged sections.

Referring to Constituent Assembly Debates, the plea argued that reservation was never intended to become a hereditary or undifferentiated entitlement. It cited the views of Dr B.R. Ambedkar and other framers of the Constitution to stress that affirmative action was meant to be dynamic and subject to periodic review.

The petition further warned that failure to exclude the creamy layer has serious national, social and economic consequences, including elite capture of benefits, compromise of administrative efficiency, and violation of the constitutional principles of equality, justice and fraternity.

It also referred to the Constitution Bench verdict in State of Punjab vs Davinder Singh, which recognised that Scheduled Castes are not a homogeneous class and that reservation benefits must reach the “weakest of the weak”.

In a landmark judgment delivered on August 1, 2024, a seven-judge Constitution Bench headed by then Chief Justice D.Y. Chandrachud had suggested applying the creamy layer principle to SCs and STs, while cautioning that sub-classification should not result in 100 per cent reservation for any single sub-group. Then Justice B.R. Gavai, supported by several other judges, had questioned why the creamy layer test applicable to Other Backward Classes should not extend to SCs and STs as well.

However, following that judgment, the Union Cabinet had reiterated that the Constitution does not provide for a creamy layer within SC/ST reservations. Union Information and Broadcasting Minister Ashwini Vaishnaw had said the NDA government remained committed to constitutional provisions, maintaining that there is no scope for a creamy layer in SC-ST reservations under the Constitution.