Bhopal (Madhya Pradesh): The Supreme Court recently ruled against issuing directions to exclude children of IAS, IPS, and similar officers from the ambit of Scheduled Castes and Scheduled Tribes (SC/ST) reservation in Madhya Pradesh.

A Bench comprising Justices BR Gavai and Augustine George Masih stated that decisions regarding the exclusion of creamy layer, who have already benefited from quota provisions, fall under the jurisdiction of executive and legislature.

The Court said that while the question of excluding such individuals may be valid, it is ultimately up to the legislature and executive to determine whether or not to provide reservation, as it is an enabling provision. "We have taken into consideration the past 75 years, and those who have already availed of benefits, and are in a position to compete, should be excluded. But the final call is for the executive and legislature to make," the Court stated.

The petitioner had argued that earlier a Constitution Bench had directed states to formulate the policy, raising concern about the delay of six months without any action. However, the Supreme Court Bench refused to issue any directions on the matter.

SC ruling on creamy layer

In August 2024, a seven-judge Constitution Bench of the Supreme Court upheld the authority of states to sub-classify reserved category groups, such as Scheduled Castes (SCs) and Scheduled Tribes (STs), into different sub-groups based on their varying levels of backwardness.

This decision allowed states to extend the benefits of reservation more effectively, ensuring that the most backward among these groups receive the maximum assistance.

Additionally, the Bench recommended that the concept of the 'creamy layer' a term used to refer to the relatively more privileged members within a backward category be applied to SC/ST communities. This proposal, supported by four of the seven judges, suggested that the creamy layer within these communities be identified and excluded from receiving the benefits of reservation, thereby ensuring that affirmative action reaches only those who are truly disadvantaged within these groups.

Currently, the creamy layer concept applies exclusively to the Other Backward Classes (OBCs), but the ruling indicated a shift in favor of implementing this measure for SC/STs as well, with the intention of making reservation policies more targeted and equitable.