SC Issues Notice on PIL for Creamy Layer in SC/ST Reservations

January 12, 2026

New Delhi: The Supreme Court on Monday issued notice to the Centre and all state governments on a public interest litigation (PIL) seeking the implementation of the “creamy layer” principle in reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs).

A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi sought responses from the Union government as well as all state governments on the writ petition filed under Article 32 of the Constitution by advocate Ashwini Kumar Upadhyay.

Petition Argues for Exclusion of Socially and Economically Advanced Families

Upadhyay contended that if a member of an SC/ST family has already attained a constitutional or senior government position, their children should not be allowed to avail of reservation benefits. He argued that continued reservation to socially and economically advanced families defeats the purpose of affirmative action, which was intended to uplift those suffering from entrenched social, educational, and economic backwardness.

The petition highlighted that over time, an elite class has emerged within SC/ST communities, enjoying social mobility and economic stability while continuing to benefit from reservations, thereby excluding the weakest members of the community.

Earlier Verdicts Support Application of Creamy Layer Principle

The plea cited the landmark 7-judge Constitution Bench judgment of August 1, 2024, in which the court suggested applying the creamy layer principle to SCs and STs while ensuring sub-classification did not result in 100% reservation for a particular group. Former Justice B.R. Gavai had questioned why a child of an IAS/IPS officer should be treated the same as a disadvantaged SC/ST child studying in a rural school, emphasizing the need for a policy to identify the creamy layer.

However, the Union Cabinet, chaired by Prime Minister Narendra Modi, had maintained that the Constitution does not provide for a creamy layer in SC/ST reservations. Union Information and Broadcasting Minister Ashwini Vaishnaw stated that according to the Constitution framed by B.R. Ambedkar, no provision exists for a creamy layer within SC/ST reservations.