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Extending creamy layer to SC, ST is Parliament’s call: Government to Supreme Court
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The Indian Express
The Centre’s affidavit further pointed out that the “criteria for inclusion in the SC, ST, and Socially and Educationally Backward Class lists are based on historical, social, and economic backwardness.
Socially and Educationally Backward Classes are identified by social, educational, and economic disadvantages, along with a lack of representation in services.”
Story continues below this ad“These criteria,” the affidavit read, “are not spelt out in the Constitution but have become well established.
Thus, the identification of SCs, STs, and Socially and Educationally Backward Classes (SEBCs)/OBCs is based on historical and social criteria like caste, tribe, and social backwardness, not solely on economic status.”
Citing the apex court decisions in various reservation related cases, the Centre also contended that the principle of excluding the creamy layer has been developed in the context of OBC reservations and is not applicable to SCs and STs.