CREAMY LAYER IN DALIT QUOTA:SUPREME COURT JUDGEMENT
CREAMY LAYER IN DALIT QUOTA:SUPREME COURT JUDGEMENT
In a landmark judgment in State of Punjab v. Davinder Singh & Ors. (2020), the Supreme Court of India upheld the concept of sub-classification within the Scheduled Castes (SCs) and Scheduled Tribes (STs) quotas. The Court emphasized that the benefits of reservations should reach the “most deserving” sections among these communities. Some judges also recommended adding a creamy layer exclusion, restricting reservations to the more economically disadvantaged individuals within these groups.However, the observations on creamy layer for Dalit reservation are in the nature of orbiter dicta-comments which are connected to ruling but are not a part of the ruling and so are non-enforceable-according to some.
However, this judgment has sparked a debate, with critics arguing that excluding the creamy layer from SC/ST reservations undermines the primary goal of caste-based affirmative action. The judgment highlighted the need to assess the deeper implications of such exclusions and whether they align with the Constitution’s intent to uplift historically marginalized groups.
Here are the key arguments for and against the introduction of the creamy layer concept in Dalit quotas:
Arguments For Excluding the Creamy Layer:
1. Targeting Benefits to the Most Needy:
The Supreme Court noted that sub-classification can help ensure that reservation benefits reach the most deprived sections within SCs and STs. This approach seeks to prevent the overrepresentation of relatively well-off members of these communities, ensuring that affirmative action fulfills its intended purpose.
2. Ensuring Equal Opportunities:
The judgment suggests that excluding the creamy layer can help balance opportunities within the reserved categories, preventing a few privileged individuals from monopolizing reserved positions in jobs and education.
Arguments Against Excluding the Creamy Layer:
1. Caste-Based Discrimination Persists Regardless of Income:
Critics argue that the creamy layer exclusion fails to address systemic caste-based discrimination that affects individuals regardless of their economic status. Multiple studies reveal that caste prejudice remains widespread, even among economically advanced Dalits.
2. Undermines the Group-Based Nature of Reservations:
Reservations are designed to uplift entire communities rather than individuals. Introducing an economic filter could dilute the constitutional intent, as caste discrimination affects Dalits as a group, not just based on financial standing.
3. Potential Harm to Group Progress:
Limiting reservations only to the economically disadvantaged could reduce the overall progress of the Dalit community, as well-off Dalits often provide much-needed representation and role models for others in the community.
The ongoing debate highlights the complexities of balancing social justice with economic criteria within affirmative action policies. Any reforms must carefully consider the broader impacts on social mobility, representation, and the core objectives of reservation policies in India.
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