Introduction
In a major constitutional submission on affirmative action, the Union Ministry of Social Justice and Empowerment filed an affidavit before the Supreme Court of India on 15 August 2026, affirming that the 'Creamy Layer' exclusion principle does not apply to Scheduled Castes (SCs) and Scheduled Tribes (STs), rejecting petitions seeking income-based exclusions within SC/ST quotas.
Key Submissions by the Union Government
The Central Government articulated key constitutional and sociological principles governing reservations:
- Distinct Nature of SC/ST Reservation: Unlike Other Backward Classes (OBCs) where backwardness is social and educational, SC and ST reservations are designed to address centuries of untouchability, structural stigma, and historical discrimination.
- Judicial Precedent in M. Nagaraj & Indra Sawhney: The landmark nine-judge bench ruling in Indra Sawhney (1992) explicitly confined the creamy layer doctrine to OBCs. The Centre submitted that references to creamy layer in the M. Nagaraj (2006) verdict were general observations.
- State of Punjab v. Davinder Singh (2024) Distinction: While the 7-judge Constitution Bench in 2024 permitted states to sub-classify SC/STs to prioritize more deprived sub-castes, the power to add, exclude, or modify the Presidential SC/ST list under Articles 341 and 342 resides exclusively with Parliament.
- Existing Means Tests in Welfare: The Centre highlighted that while affirmative action in education and public employment has no creamy layer, welfare schemes already incorporate income means tests.
Key Facts
- Case Issue: Application of 'Creamy Layer' income criteria to SC/ST reservations
- Union Government Stand: Creamy layer principle applies solely to OBCs, not SCs and STs
- Key Benchmark Rulings: Indra Sawhney (1992), M. Nagaraj (2006), State of Punjab v. Davinder Singh (2024)
- Exclusive Parliamentary Power: Articles 341 (SC List) and 342 (ST List)
- Constitutional Mandate: Articles 15(4), 16(4), and 335 (Affirmative Action)
Exam Perspective
For UPSC and TNPSC examinations, this topic is critical under Indian Polity, Fundamental Rights (Articles 15 & 16), Affirmative Action, Creamy Layer Jurisprudence, and Landmark Judicial Verdicts in GS Paper II.
Conclusion
The Union Government's stance reiterates that affirmative action for SCs and STs addresses entrenched caste-based untouchability and social stigma, distinct from economic backwardness.