The Supreme Court of India is set to hear a writ petition seeking the exclusion of the “creamy layer” from the benefits of reservation granted to Scheduled Castes (SCs) and Scheduled Tribes (STs). The plea raises significant constitutional questions on the scope and purpose of affirmative action, contending that reservation benefits should be confined to the most socially and economically backward sections within SC/ST communities. The matter assumes importance in light of recent constitutional bench observations on sub-classification and equitable distribution of reservation benefits, and it has the potential to reshape the existing framework of SC/ST reservations under Articles 14, 15 and 16 of the Constitution.
Case Name & Filing
Case Title: Ashwini Kumar Upadhyay vs. Union of India
*W.P.(C) No. 001276 / 2025 – Writ Petition under Article 32 of the Constitution.
Filed by Advocate Ashwini Kumar Upadhyay seeking constitutional directions to exclude the creamy layer from reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs).
Bench & Action
A Supreme Court bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi has issued notice to the Union government and states on the plea, indicating the Supreme Court will hear arguments on the issue.
What the Petition Argues
The petition contends that:
- Current reservation without creamy layer exclusion violates fundamental rights and constitutional principles, including Articles 14, 15, 16 (equality and non-discrimination), and others like Article 38, 46, 51-A(j), as well as the Preamble.
- The reservation policy was meant for social and economic upliftment of the truly disadvantaged, not for those who have already gained status and opportunities.
- Reserving benefits to socio-economically advanced or ‘elite’ SC/ST individuals creates elite capture, undermines the purpose of affirmative action, and worsens disparities within the communities.
The plea also emphasizes that reservation should not be a perpetual entitlement but a remedial measure targeted toward genuine backwardness.
Legal & Historical Context
- The creamy layer concept is currently applied to Other Backward Classes (OBCs) but not to SCs and STs under present laws and policies. The petition argues it should apply to SC/ST reservations as well.
- In State of Punjab & Ors. v. Davinder Singh (Constitution Bench, Aug 2024), a majority opinion suggested that creamy layer exclusion should logically apply to SC/ST quotas as part of sub-classification, partly supporting the underlying rationale of this plea.
- Earlier judicial discussions on the cream layer in SC/ST context were more declaratory or advisory, and actual implementation has been left to legislature and executive.
What the Court Has Done So Far
- Notice issued: The Supreme Court has asked the government to respond before further hearing.
-
No final ruling has yet been delivered on whether creamy layer can legally be excluded from SC/ST reservation benefits.