The Indian Government, through its Union body, has formally opposed a legal plea advocating for income-based prioritization within the reservation system for Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), and Economically Weaker Sections (EWS). This opposition was articulated in an affidavit submitted to the Supreme Court by the Ministry of Social Justice and Empowerment.
The affidavit contends that the principle of the ‘creamy layer’, which is used to exclude economically advanced individuals among OBCs from reservation benefits, should not be extended to SC/ST categories. It further asserts that any alterations to the list of communities classified as SC/STs can only be sanctioned by Parliament, thereby rendering the plea ‘misconceived’ and advocating for its dismissal with notable costs.
In its defense, the government referenced the landmark Indra Sawhney case, adjudicated by a nine-judge bench, which explicitly limited the discussion of excluding socially advanced individuals to OBCs alone, deeming it irrelevant to SC/STs. Additionally, the affidavit cited a judgment from the Constitution Bench of the Supreme Court in the Ashoka Kumar Thakur case, which clarified that the creamy layer principle is not applicable to SC/ST reservations.
This legal challenge was initiated by petitioner Ramashankar Prajapati, who requested that the Centre devise a more equitable reservation system for government employment and educational opportunities. His proposal favors a merit-cum-means approach over the existing framework, suggesting that income-based preferences within each reserved category should prioritize economically disadvantaged candidates among SC/STs, OBCs, and EWS.
The Supreme Court had previously issued a notice regarding this plea on August 11, 2025. The bench comprising Justices Surya Kant and Joymalya Bagchi agreed to review the matter, albeit with a preliminary observation that the petitioners should brace for substantial opposition due to the extensive implications of their requested relief.
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The affidavit submitted by the Centre underscores that any modification to the reservation policy, particularly regarding income-based preferences within reserved categories, demands a comprehensive review supported by empirical and socio-economic data. The government labeled the petition’s requested reliefs as vague, generalized, and lacking substantive supporting material.
