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Govt. seeks review of SC/ST creamy layer
Why in news?
- The Centre on Dec 2, asked SC to refer to a 7-judge Bench the question whether the creamy layer concept should apply or not to the Scheduled Castes/Scheduled Tribes(SC/ST) while providing them reservation in government promotions.
More in news
- Jarnail Singh case
(1) On Sept 26 last year, a 5-judge Bench unanimously agreed with a 2006 judgment of another 5-judge Bench in the M. Nagaraj case.
(2) Nagaraj case: had upheld the application of the creamy layer principle in promotions.
(3) The 2018 judgment, authored by Justice Rohinton F. Nariman, had refused the government’s plea to refer the 2006 Nagaraj case judgment to a 7-judge Bench.
- Reconsidering
(1) Attorney General K.K. Venugopal urged to reconsider the ruling and refer the Nagaraj case judgment to a seven-judge Bench.
(2) A Bench, led by Chief Justice of India Sharad A. Bobde, agreed to hear the case after two weeks.
- Plea rejected
(1) The 2018 judgment, modifying the part of the Nagaraj case verdict which required the States to show quantifiable data to prove the “backwardness” of a SC/ST in order to provide quota in promotion in public employment, had rejected the Centre’s argument that the Nagaraj case ruling had misread the creamy layer concept by applying it to the SCs/STs.
(2) The whole object of reservation is to see that the backward classes of citizens move forward so that they may march hand in hand with other citizens of India on an equal basis.
(3) This will not be possible if only the creamy layer within that class bags all the coveted jobs in the public sector and perpetuates themselves, leaving the rest of the class as backward as they always were- said Justice Nariman upholding the Nagaraj case ruling.
- No interference with Presidential List:
(1) The 2018 judgment also said that when a court applies the creamy layer principle to theSC’s & ST’s, it does not in any manner tinker with the Presidential List under Articles 341 or 342 of the Constitution.
(2) The caste or group or sub-group named in the list continues exactly as before.
(3) It is only those within that group or sub-group, who have come out of untouchability or backwardness by virtue of belonging to the creamy layer, who are excluded from the benefit of reservation.
- SourcesThe Hindu