New Delhi, August 6, 2026 (Yes Punjab News)
The Centre has opposed a plea before the Supreme Court seeking implementation of the “creamy layer” principle in reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs), arguing that any such policy change requires a comprehensive empirical study and cannot be mandated through judicial intervention.
In a counter affidavit filed before the apex court, the Union Ministry of Social Justice and Empowerment said the petition seeks a direction to the executive to frame a reservation policy in a particular manner, which falls outside the scope of judicial review.
“The present writ petition is not maintainable in law as it essentially prays for issuance of a mandamus to the executive to frame policy in a particular manner, which is beyond the judicial domain,” the affidavit stated.
The Centre submitted that the identification of SCs, STs and Other Backward Classes (OBCs) is based on historical, social and educational backwardness and not merely on economic status.
It said reservations for these communities are intended to address historical discrimination, ensure social equality and promote inclusive participation in education and public employment. The government argued that the disadvantages faced by SC, ST and OBC communities are not solely linked to economic conditions.
The affidavit pointed out that while several welfare and development schemes have a means-based eligibility system to ensure benefits reach deserving beneficiaries, reservations in educational institutions and government services operate on a different principle.
The Centre also referred to the Constitution Bench judgment in Indra Sawhney, stating that the creamy layer principle was applied to OBC reservations and the court had observed that the discussion did not extend to SCs and STs. It further cited subsequent judgments to argue that the principle has not been made applicable to Scheduled Castes and Scheduled Tribes.
The government maintained that any proposal to introduce income-based exclusion within reserved categories would require a “holistic review” supported by detailed socio-economic data of beneficiaries.
Highlighting the limits of judicial intervention in policy matters, the Centre said courts cannot direct the government to formulate a policy in a particular manner unless the policy violates constitutional or statutory provisions.
The affidavit described the petition as lacking merit and urged the Supreme Court to dismiss it, stating that it neither establishes violation of fundamental rights nor provides grounds for issuing a writ under Article 32 of the Constitution.
The matter arises from a public interest litigation seeking application of the creamy layer principle in SC/ST reservations. Earlier, the Supreme Court had issued notices to the Centre and state governments on the plea, which argued that relatively advanced sections within SC/ST communities continue to benefit from reservation across generations.
The petitioners had relied upon the Supreme Court’s Constitution Bench judgment in State of Punjab vs. Davinder Singh, delivered on August 1, 2024, where a majority of judges supported the possibility of applying the creamy layer principle while allowing sub-classification within Scheduled Castes.
Following the judgment, the Union government had maintained that the Constitution does not provide for a creamy layer concept within SC/ST reservations.
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