Topic: Indian Constitution – Amendments, significant provisions and basic structure; Mechanisms, laws, institutions and bodies constituted for the protection and betterment of these vulnerable sections.
2) The whole object of reservation is to see that backward classes of citizens move forward so that they may march hand in hand with other citizens of India on an equal basis. Analyse.
Why this question:
The Supreme Court kept affluent SC, ST members out of quota benefits. The issue has again hit headlines after Modi govt demanded review of a 2018 Supreme Court verdict that excluded creamy layer in SCs, STs from quota benefits.
Key demand of the question:
One has to find the reasons for the economic slowdown facing India and provide the structural measures needed to overcome the same.
Analyze – When asked to analyse, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary.
Structure of the answer:
Define what is creamy layer and the current context – The Narendra Modi government’s demand for a review of a 2018 Supreme Court verdict in Jarnail Singh vs Lachhmi Narain Gupta case has brought focus back on the exclusion of ‘creamy layer’ within the Scheduled Castes (SC) and Scheduled Tribes (ST) categories from reservation benefits
Discuss briefly the logic of creamy layer and its evolution through Supreme Court cases.
- 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. This verdict was a reality check to the concept of reservation
Explain the various challenges if creamy layer status is accepted among SC/ST.
- 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’.
Discuss the pros and cons of having creamy layer status among the SC/ST.
Discuss what measures are needed to make Reservations ensure equality to all.
Conclude with a way forward.