Union Minister Ashwini Vaishnaw stated that the NDA government is bound to follow the Constitution drafted by BR Ambedkar, which does not include any provision for creamy layer in SC/ST reservation. The Union Cabinet, chaired by Prime Minister Narendra Modi, discussed the recent Supreme Court ruling on sub-categorisation of SC/ST reservation. The top court ruled that states can sub-classify SC/STs and even identify the creamy layer to exclude them from affirmative action, but the Union Minister ensured that the government is committed to Ambedkar's constitutional provisions.
Supreme Court Ruling on Creamy Layer Exclusion from SC/ST Reservation: A Deeper Dive
Background
The term "creamy layer" refers to individuals within marginalized communities who have achieved a certain level of socioeconomic success. Historically, the creamy layer concept has been applied to SC/ST reservation policies to exclude those who are no longer considered economically backward. However, the recent Supreme Court ruling has created a controversy.
Supreme Court Ruling
In May 2022, the Supreme Court ruled that states can sub-categorize SC/ST communities and identify a creamy layer to exclude them from reservation benefits. This decision was based on the argument that creamy layer individuals have already benefited from reservation and should not continue to access it.
Government's Response
The Union Cabinet, chaired by Prime Minister Narendra Modi, has stated that it is bound by the Constitution drafted by B.R. Ambedkar, which does not include any provision for a creamy layer in SC/ST reservation. Union Minister Ashwini Vaishnaw emphasized that the government is committed to Ambedkar's constitutional provisions.
FAQs
1. Why has the creamy layer concept been applied to SC/ST reservation?
To ensure that reservation benefits reach the most economically disadvantaged individuals within marginalized communities.
2. What is the rationale behind the Supreme Court's ruling?
To prevent individuals who have already achieved socioeconomic success from continuing to benefit from reservation at the expense of those who are still in need.
3. What is the government's position on the ruling?
The government is committed to Ambedkar's constitutional provisions, which do not include a provision for creamy layer exclusion in SC/ST reservation.
4. What are the potential implications of implementing a creamy layer in SC/ST reservation?
It could reduce the number of individuals who benefit from reservation, thereby undermining the objective of empowering marginalized communities.
5. What is the historical precedent for the creamy layer concept in reservation?
The concept was first introduced in OBC (Other Backward Classes) reservation in 1993 to address concerns about the perpetuation of privilege within marginalized communities.
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