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Pleas For Income-Based "Creamy Layer" For SC/ST Reservations Opposed By Centre In Supreme Court, Citing Judicial Precedent
['Sukriti Mishra']
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Centre Opposes Extending Creamy layer Principles to SCs and STsA significant aspect of the Centre's affidavit concerns the applicability of the creamy layer doctrine to Scheduled Castes and Scheduled Tribes.
It argued that extending the doctrine beyond OBCs would fundamentally alter the constitutional basis on which reservations for SCs and STs rest.
Relying upon the Constitution Bench judgment in Indra Sawhney v. Union of India (1992), the Centre submitted that the creamy layer principle was evolved only in the context of reservations for Other Backward Classes.
It also referred to M. Nagaraj v. Union of India (2006) to submit that the judgment did not hold that the creamy layer principle applies to SCs and STs.
Accordingly, the Centre has urged the Supreme Court to dismiss the petitions.