New Delhi, January 12. The Supreme Court has issued a notice to the central and state governments regarding a Public Interest Litigation (PIL) that seeks the implementation of a ‘creamy layer’ provision in the reservation for Scheduled Castes (SC) and Scheduled Tribes (ST).
A bench comprising Chief Justice D.Y. Chandrachud and Justice Joymalya Bagchi has called for responses from the central government and all state governments concerning the writ petition filed under Article 32 of the Constitution by Advocate Ashwini Kumar Upadhyay.
Upadhyay argued before the Supreme Court that children of SC/ST families who have already attained constitutional or senior government positions should not benefit from reservation. He contended that continuously providing reservation to socially and economically advanced families within the SC/ST categories undermines the fundamental objective of affirmative action.
The petition states that reservation was initiated as a remedial and temporary measure to uplift those suffering from deep social, educational, and economic backwardness. However, over time, an elite class has emerged within the SC/ST communities, achieving social mobility and economic stability.
It further claims that despite this progress, such families continue to avail of reservation benefits, leaving the most vulnerable members of the community deprived. Citing debates from the Constituent Assembly, the petition emphasizes that the aim of reservation was never intended to become a hereditary or indiscriminate right. It references the views of Dr. B.R. Ambedkar and other framers of the Constitution, advocating for dynamic affirmative action subject to periodic review.
In a conversation with reporters, Advocate Ashwini Upadhyay stated, “We have demanded that those who have benefited from reservation and have risen above poverty should not extend that benefit to their children. Reservation was originally intended for just ten years and only for those in need. However, today, even the children of those who have become Presidents and Vice Presidents are receiving reservation.”
He added, “We have observed cases where multiple family members have secured government jobs through reservation. Meanwhile, those who genuinely need the reservation are unable to access it. Therefore, I filed a PIL to advocate for the implementation of a creamy layer system within SC/ST Reservation. Following this, the Supreme Court has issued a notice to the central and state governments. A hearing on this matter is scheduled to take place in four weeks.”