What Is A Creamy Layer? Who Among SC/ST Should Not Get Reservation As Per Supreme Court Judgment?

What is a creamy layer? How can it be defined and who comes in this category? Was there a provision of creamy layer in the Constitution framed by the Constituent Assembly under the leadership of Dr. B R Ambedkar? When and how was this concept introduced? These questions came to the forefront, confused and stirred the feelings of million of the people from almost all walks of life and the people of different strata of the society. A nationwide strike or Bharat Bandh is being observed on Wednesday, August 21, to protest against the apex court judgment.
The Supreme Court in its landmark judgment delivered on August 1, 2024 said in the most unambiguous terms that the concept of creamy layer may be introduced in the provision of reservation for Scheduled Caste and Schedule Tribes.

Supreme Court Judgment on Creamy Layer

The seven-member bench headed by Chief Justice D Y Chandrachud in its 6-1 judgment allowed states to create sub-classifications within the SC and ST categories so that the most backward communities within these categories are protected. It also said that the concept of creamy layer may be introduced in the matter of providing reservation to the SC and St categories.

What Is A Creamy Layer?

Creamy layer is a term used for those members of a backward class among the OBC or Other Backward Classes who have attained advanced stage in society economically and educationally. People belonging to this class are not eligible for government-sponsored educational and professional benefit programs.

Who Belongs To Creamy Layer?

Sattanathan Committee said in its report submitted in 1971 that those who have an annual income of Rs. 100,000 should be included in the creamy layer. The Supreme Court in its landmark judgment in Indra Sahwney case defined the "creamy layer", quoting an Indian governmental office memorandum in 1992. It fixed the ceiling of Rs 100,000 for the creamy layer. It was increased to Rs. 250,000 in 2004, Rs. 450,000 in 2008, Rs. 600,000 in 2013 and Rs. 800,000 in 2017.

The National Commission for Backward Classes proposed in 2015 to further increase it to Rs. 15,00,000. The creamy layer categorization is meant only for the people belonging to the OBC. Now, the Supreme Court has said in it 6-1 landmark judgment on August 1, 2024 that this concept should also be introduced to the reservation for the SC and the ST.

Creamy Layer: Who Are These People?

The Supreme Court said in 1992 that the benefit of reservation should not be given to OBC children of constitutional functionaries like the President, Judges of the Supreme Court and High Courts, employees of central and state bureaucracies above a certain level, central government employees, and members of armed forces and the paramilitary forces above the rank of Colonel.
The apex court also said that the children of persons engaged in trade, industry and professions such as a doctor, lawyer, chartered accountant, income tax consultant, financial or management consultant, dental surgeon, engineer, computer specialist, film artists and other film professional, author, playwright, sports person, sports professional, media professional or any other profession whose annual income is more than Rs 8 lakh.

Creamy Layer: What Has Modi Government Said?

Considering the upcoming assembly elections in the states of Jammu and Kashmir, Jharkhand, Haryana and Maharashtra and the seething anger of the people belonging to the SC and the ST categories, the Narendra Modi-led Union government said last week that there was no provision for creamy layer in the constitution drafted by BR Ambedkar. This was echoed in a cabinet meeting held in the wake of the Supreme Court judgment.