Supreme Court To Hear Plea Seeking Exclusion Of Creamy Layer From SC/ST Reservations

The Supreme Court has agreed to consider the issue of whether reservations for Scheduled Castes and Scheduled Tribes should be implemented excluding the creamy layer.

The bench of CJI Surya Kant and Justice Joymalya Bagchi was hearing a writ petition seeking exclusion of the creamy layer from SC/ST reservations in the country.

The bench agreed to consider the matter and issued notice in the petition to the Union Government. The plea was tagged with another pending petition titled Ramashankar Prajapati And Anr. Versus Union Of India And Ors.

In Ramashankar, the PIL seeks priority reservation for economically weaker candidates within categories entitled to reservation in government employment and education processes.

Notably, the Supreme Court, in its Constitution Bench judgment in the sub-classification matter ( State of Punjab And Ors. v Davinder Singh) had opined that creamy layer must be excluded from SC/ST quotas. In Davinder Singh, the Court bya 6-1 majority held that sub-classification of Scheduled Castes is permissible to grant separate quotas for more backwards within the SC categories.

The plea filed by Advocate Ashwini Kumar Upadhyay states that "Non-exclusion of Creamy Layer from SC/ST reservation leads to violation of Articles 14, 15, 16, 17, 38, 41, 46, 51-A(j), and 335, and the Golden Goals of the Constitution enshrined in the Preamble".

The plea stresses that the purpose of reservations was only to benefit those who are underprivileged, but the creamy layer category has continuously used it despite attaining earlier benefits. It says :

"Petitioner submits that Reservation was never intended to be a permanent phenomenon; rather, it was always a measure for Socio- Economic Justice. It was envisaged by the Constitution framers that Reservation needs to be given only to those who need it, and granting it blanketly and excessively would be detrimental to the Nation."

"Excessive Reservation without implementing Creamy Layer System with stringent measures, is violative of the Constitutional Spirit of Justice, Equity and Good Conscience. Presently, reservations being given without Periodic Assessments is antithetical to the constitutional goal of socio-economic justice and equal opportunity."

Case Details : ASHWINI KUMAR UPADHYAY vs. UNION OF INDIA| W.P.(C) No. 001276 / 2025