EXECUTIVE/LEGISLATURE TO DECIDE CREAMY LAYER IN RESERVATION OF SC/ST BY SC

by | Jan 11, 2025

Headline

The Supreme Court of India rejects PIL on exclusion of ‘Creamy Layer’ from SC/ST Reservations in Madhya Pradesh.

Summary

The Supreme Court of India declined to look into a PIL seeking to exclude wards of IAS/IPS/IFS/IRS/Class-I officers in Madhya Pradesh from SC/ST reservations . The court held that the matter comes within the ambit of the legislature and executive, granting the liberty to the petitioner to pursue remedies as per the law.

Key Facts

  • Case Name: Santosh Malviya vs. State of Madhya Pradesh and Ors., 
  • Judges Name: Justice BR Gavai and Justice AG Masih.
  • Petition sought to form policies to exclude ‘creamy layer’ from SC/ST reservations.
  • Reliance placed on State of Punjab v. Davinder Singh case, urging identification of ‘creamy layer.’
  • The Supreme Court stresses reservations are enabling provisions, and not mandatory provisions 

Legal Insights

The Supreme court of India restated its opinion that the exclusion of the ‘creamy layer’ is a domain of executive/legislative, as ruled in earlier judgments.

Impact

The ruling of the Supreme Court of India highlights the restraint of judiciary in policy formulation, stressing the role of lawmakers in affirmative action reforms.

Why It Matters

The decision of the Supreme Court shows the ongoing debates over equitable distribution of benefits of reservation and the evolving requirements for defining ‘creamy layer’ in SC/ST categories.

Source 

Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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