India Government Opposes Extending 'Creamy Layer' to SC/ST Reservations in Supreme Court

The Indian government has stated in an affidavit to the Supreme Court that the "creamy layer" concept, which limits reservation benefits for affluent members of Other Backward Classes (OBCs), should not be applied to Scheduled Caste (SC) and Scheduled Tribe (ST) categories. The government's submission argues that the historical and social basis of discrimination against SCs and STs differs fundamentally from the economic considerations applied to OBCs.

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The concept of a "creamy layer" cannot be extended for the reservation of the Scheduled Caste and Scheduled Tribes categories.

The Centre urged the court to refrain from entertaining petitions that seek judicial intervention in redesigning the country's reservation policy. It emphasized that the reservation policy is not solely based on economic status but on deep-seated historical and social criteria, including tribe, social backwardness, and caste. Any modification, particularly the introduction of income-based preferences for reserved categories, would require a comprehensive review and thorough empirical study, including socio-economic data of beneficiaries, according to Bar and Bench.

Previously, on June 15, 2026, the Ministry of Social Justice and Empowerment had stated that decisions regarding the extension of the creamy layer principle to SC and ST categories fall exclusively within the purview of Parliament. The government reiterated this stance, asserting that the constitutional framework governing the identification of SCs (Article 341), STs (Article 342), and socially and educationally backward classes (Article 342A) does not permit alterations based solely on economic criteria.

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The reservation policy is "not solely based on economic status," but rather on historical and social criteria such as tribe, social backwardness and caste.

The "creamy layer" concept, first introduced by the Sattanathan Commission in 1971 and later identified by the Justice Ram Nandan Committee in 1993, excludes individuals from OBC categories whose family income exceeds ₹8 lakhs (from non-agricultural sources). This exclusion has not been applied to SC and ST categories, allowing individuals from these groups to receive reservation benefits irrespective of their family income. The government's position is that the discrimination faced by SCs and STs is not primarily economic, thus negating the applicability of the creamy layer principle.

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Only the Parliament can take a call on the question of extending the creamy layer principle to the SC and ST categories.