Centre opposes income-based quota within reserved categories, says no creamy layer among SC/STs

The Union Government has opposed a plea seeking income-based prioritisation within reservation for Scheduled Castes and Scheduled Tribes (SC/STs), Other Backward Classes (OBC) and Economically Weaker Sections (EWS).

In an affidavit filed before the top court, the Ministry of Social Justice and Empowerment also said that the creamy layer principle cannot be applied to SC/STs and that only parliament can alter the lists of communities classified as SC/STs.

Hence, the plea is misconceived and ought to be dismissed with exemplary costs, it was submitted.

On the issue of whether the creamy layer concept, used to exclude the financially well placed among OBCs, could be extended to SC/STs as well, the government relied on the nine judge bench ruling in Indra Sawhney case to reject the suggestion.

It was pointed out that the discussion on excluding the socially advanced in that judgment was expressly "confined to OBCs only and has no relevance in the case of SC/STs."

The government further submitted that a Constitution Bench of the Supreme Court in Ashoka Kumar Thakur judgment had clarified that for the purpose of reservation, the principles of creamy layer are not applicable to SC/ STs.

The petition before the apex court was filed by one Ramashankar Prajapati seeking a direction to the Centre to frame a more equitable and just system of reservation in government jobs and educational institutions, based on a merit-cum-means approach rather than the existing framework.

It also asked for income-based preferences to be adopted within each reserved category, so that economically weaker candidates among SC/STs, OBCs and EWS are treated as a distinct sub-class and given higher priority in selection.

The Supreme Court had issued notice on the plea on August 11, 2025, with the bench of Justices Surya Kant and Joymalya Bagchi agreeing to examine the matter but orally observing that the petitioners must be prepared to face stiff opposition, given the wide ramifications of the relief sought.

In its affidavit, the Centre has now said that any change to reservation policy, particularly introducing income-based preference within reserved categories, would first need a holistic review backed by empirical and socio-economic data.

It described the reliefs sought in the petition as vague and generalised and lacking supporting material.