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The Constitution bench of the Supreme Court has to clarify its stand on whether the backwardness among SCs and STs persists to the extent that they need reservation in promotion. Besides, the issue pertaining to the creamy layer among SCs and STs is also vital. A Forward Press report

The Constitution bench of the Supreme Court has to clarify its stand on whether the backwardness among SCs and STs persists to the extent that they need reservation in promotion. Besides, the issue pertaining to the creamy layer among SCs and STs is also vital. A Forward Press report

In 2006, a five-judge bench of the Supreme Court, delivering the judgment in the M. Nagaraj case, had ruled that the government is not bound to give reservation in promotions to the SCs and STs and also that the creamy-layer formulation cannot be applied to the two communities. Now, a decade on, another Supreme Court bench is considering a review of both those rulings

The union government has told the Supreme Court that the Dalits and the Tribals have yet to come out of their backwardness, hence, the ‘creamy layer’ principle cannot be applied to reservations for them. But it did not touch on the issue of ‘creamy layer’ for OBC reservations

OBCs should be given reservations on the same terms and conditions as SCs and STs. The rules should be uniform for all the three categories. OBCs should also get exemption from payment of examination fees and concessions in upper age limits just as SCs and STs do. Just as there is no provision of creamy layer for SC, STs, there should be none for OBCs