Reservation in promotions: Disquiet over SC’s ruling on creamy layer for SCs, STs

News:

Government’s dilemma over Supreme Court ruling on concept of creamy layer for SC/STs.
In the present judgment, the Supreme Court has decided not to collect data of backwardness to provide reservation to SC/STs but it may consider the concept of creamy layer for SC/ST.

Important Facts:

Supreme Court has said the concept of creamy layer to be applicable for SC/STs, which, so far, was applicable to OBC only (Families with income above Rs. 8 lakhs/ annum are not eligible for reservation).
It has been argued concept of creamy layer for SC/STs will defeat the very purpose of reservation because:

Since the SC/STs are already considered backward, further dividing them on the basis of economic backwardness to avail reservation may not sound appropriate.
This verdict is in contrast to the judgment in the Ashok Thakur case in 2008 when judges while providing the reservation to SC/ST did not considered the concept the Creamy Layer..
Economically prosperous SCs will continue to face discrimination in employment.
Decision may also encourage the demand to implement the creamy layer criteria in the overall recruitment of SC/STs (from selection to promotion).
Nowhere in the world the reservation provided for equal access to job/education is based on the economic criteria.
Many sectors are being privatized and there is no reservation in private sector.

To ensure there is no discrimination against the poor/backward category within the same class.
Will enable the backward classes of citizen to move forward with other citizen of India on an equal basis.
SC judgement is within the principal of equality under article 14 and 16 when excluding the creamy layer.
Parliament will have complete freedom to include or exclude persons from the Presidential Lists based on relevant factors under Article 341 and 342 of the constitution.