The debate continues over ‘creamy layer’ in India’s reservation system

Since the time of the Constitution's drafting, the concept of the “creamy layer” in the reservation has been a pivotal issue of debate and legal scrutiny in India. The historical connection between "depressed classes" and "Scheduled Castes" underscores the continued impact of social hierarchies and the persistence of disadvantage faced by these groups, prompting specific constitutional provisions aimed at their protection and upliftment. The present judgment found this interpretation flawed and while analysing various constitutional provisions, including Articles 14, 15, 16, 341 and 342, it held that sub-classification among SCs is permissible to provide more beneficial treatment to the most disadvantaged groups within the Scheduled Castes category. Earlier, in Chinnaiah’s judgment, the concept of “deeming fiction” was central to the argument against sub-classification, where it was held that recognising sub-categories within SC would be tantamount to “tinkering” with the Presidential List, thereby undermining the purpose and authority of Article 341. The judgment aims to ensure that the most disadvantaged among SCs receive the benefits of affirmative action, promoting a more equitable distribution of resources and opportunities and also acknowledges the existence of a "creamy layer" within SCs who have advanced socio-economically, thus allowing the state to focus its efforts on those who remain marginalised and truly in need.