THE GIST of Editorial for UPSC Exams : 05 December 2019 (Another quota question: On creamy layer for SCs (The Hindu))

Another quota question: On creamy layer for SCs (The Hindu)

Mains Paper 2: Polity
Prelims level : Not much
Mains level : Creamy layer for SCs and STs

Context:

• An authoritative pronouncement on the question whether the concept of ‘creamy layer’ ought to be applied to Scheduled Castes and Scheduled Tribes.
• The Union government has called upon the Supreme Court to form a seven-judge Bench to reconsider the formulation in M. Nagaraj vs Union of India (2006) that it should be applied to the SC and ST communities.

Background behind the verdict:

• This verdict was a reality check to the concept of reservation.
• Even while upholding Constitution amendments meant to preserve reservation in promotions as well as consequential seniority.
• It contained an exposition of the equality principle that hedged reservation against a set of constitutional requirements, without which the structure of equal opportunity would collapse.
• These were ‘quantifiable data’ to show the backwardness of a community, the inadequacy of its representation in service, and the lack of adverse impact on “the overall efficiency of administration”.
• This placed a question mark on the continuance of quota policies of various State governments due to non-compliance with these parameters.
• In Jarnail Singh (2018), another Constitution Bench reaffirmed the applicability of creamy layer norms to SC/STs.

Nagaraj Case:

• On this ground, it felt that Nagaraj did not merit reconsideration.
• It ruled that Nagaraj was wrong to require a demonstration of backwardness for the Scheduled Castes and Tribes, as it was directly contrary to the nine-judge Bench judgment in Indra Sawhney (1992), which had laid down that there is no need for a test of backwardness for SC/STs, as “they indubitably fall within the expression ‘backward class of citizens’.”

Way ahead:

• The Centre has accepted that the ‘creamy layer’ norm is needed to ensure that only those genuinely backward get reservation benefits.
• It is justifiably upset that this principle has been extended to Dalits, who have been acknowledged to be the most backward among the backward sections.
• Another problem is the question whether the exclusion of the advanced sections among SC/ST candidates can be disallowed only for promotions.
• Most of them may not fall under the ‘creamy layer’ category at the entry level, but after some years of service and promotions, they may reach an income level at which they fall under the ‘creamy layer’.

Conclusion:

• This may result in the defeat of the object of the Constitution amendments that the court itself had upheld to protect reservation in promotions as well as consequential seniority.
• In the history of affirmative action jurisprudence may be needed to settle these questions.

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Prelims Questions:

Q.1) With reference to the Narwhal, consider the following statements:
1. It is a medium-sized toothed whale that possesses a large "tusk" from a protruding canine tooth.
2. It is mainly distributed in Indian Ocean and listed as Vulnerable on IUCN Red list.

Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: A
Mains Questions:
Q.1) What is the creamy layer? Do you think the Supreme Court needs to decide whether ‘creamy layer’ norms can be extended to SCs and STs?