38.6c New Delhi, India, Sunday, April 14, 2024

Concept of ‘Creamy Layer’ cannot be applied to SC/ST: Centre to SC

By LawStreet News Network      17 August, 2018 12:00 AM      0 Comments
Concept of ‘Creamy Layer’ cannot be applied to SC/ST: Centre to SC

On Thursday (August 16th, 2018), the Centre told the Supreme Court of India that "creamy layer" concept cannot be applied to the Scheduled Caste/Scheduled Tribe communities to deny them the benefits of quota in government promotions as they have suffered for centuries.

Appearing before a five-judge Constitution Bench headed by Chief Justice Dipak Misra, Attorney General K K Venugopal argued that there is no judgment which says that well-established people of the Scheduled Castes (SCs) and Scheduled Tribes (STs) community can be denied quota benefits by applying creamy layer concept.

The top law officer said that even if some people of the community have come up, the mark of caste and backwardness is still attached to them, and the question of excluding a certain class of SC/ST has to be decided by the President and the Parliament and this exercise is not open to the judiciary.

The government wants a larger Bench of the Supreme Court to set aside its 12-year-old verdict in the case of M Nagaraj v. Union of India, as it is a roadblock to its authority to introduce quota in promotions in favour of SC/ST communities as per Article 16 (4A) of the Constitution of India.

Earlier, on July 11th, 2018 the apex court had refused to pass any interim order against the verdict and said that a five-judge Bench would first see whether it needs to be examined by a seven-judge Bench or not.

The M. Nagaraj verdict of 2006 mandates that the government cannot introduce quota in promotion for SC/ST persons in public employment unless they prove that the particular Dalit community is backward, is inadequately represented and such a reservation in promotion would not affect the overall efficiency of public administration.

Share this article:

User Avatar

Leave a feedback about this

Trending Interview
LSJ Exclusive Interview: How BJP govt will free Chhattisgarh from “Naxal menace”? [Watch Video]

What is Chhattisgarh govt's plan for solving the Maoist/Naxalite problem in the state? Will there be a surgical strike against the Naxals or solution will be found via diplomatic channels? Read the Exclusive Interview with the Deputy Chief Minister Vijay Sharma.

13 April, 2024 12:33 PM
Trending Judiciary
SC rejects review of order to pay Rs 1.54 Cr compensation to ex Air Force staff for transfusion of HIV infected blood [Read Order]

SC denies review of Rs 1.54 Cr HIV compensation order to ex-Air Force staff for medical negligence.

13 April, 2024 03:13 PM


Trending Judiciary
Very disturbed by latest trend of lawyers commenting on pending cases: CJI

Chief Justice of India urges lawyers to prioritize court and Constitution over political beliefs, expressing concern over trend of commenting on pending cases.

08 April, 2024 11:19 AM
Trending Judiciary
Court rejects plea for interim bail to BRS leader K Kavitha

Delhi court rejects interim bail plea for BRS leader K Kavitha in money laundering case related to Delhi liquor scam. ED opposes bail.

08 April, 2024 12:14 PM
Trending Judiciary
Centre questions growing tendency among States to approach SC for funds

The Centre questions the growing trend of states approaching the Supreme Court for funds, citing timing and advocating for resolution through dialogue.

08 April, 2024 03:58 PM
Trending Judiciary
SC notice to Centre on plea to safeguard interests of intersex children

Supreme Court issues notice to Centre on PIL for safeguarding intersex children's interests and regulating medical interventions. Details inside.

08 April, 2024 04:35 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email