The centre answered the question asked by the Supreme court for the provision of giving quota to the creamy layer of SC/ST.
The Centre on Thursday stated that the creamy layer concept cannot hinder the benefits of quota in promotions to government employees of SC/ST community.
The Attorney General KK Venugopal told that there are no rules or provision made which denies the quota benefits to the affluent or creamy layer of the SC/ST. The AG was responding to the question raised by Supreme Court in regard of creamy layer existing in SC/ST. Mr KK Venugopal shared this to five-judge Constitution bench headed by Chief Justice Dipak Misra. Mr Venugopal stretched his point and said that the stigma of caste and backwardness was still attached to them.
The M Nagaraj verdict of 2006, had claimed that the ‘creamy layer’ concept cannot be applied to the Scheduled Castes and Scheduled Tribes for promotions in government jobs. The earlier verdict which dealt with the creamy layer in backward classes category had same visions.
Attorney General even said that exclusion of the certain affluent class in backward classes for quota issues should be handled by the President and the Parliament and this should not be approached by Judiciary.
He said “They have to marry from their own caste. Even a well-off person of SC/ST community cannot marry from a higher caste. The fact that some persons have become affluent does not take away the imprint of caste and backwardness”. He said that the discriminatory caste system had brought misfortune to India
The five bench included justices Kurian Joseph, Sanjay Kishan Kaul, R F Nariman, Indu Malhotra and Deepak Misra
The top court had refused to exhibit any interim order opposing 2006 verdict and informed that five-judge bench would look that whether the issue needs to be examined by a seven-judge bench or not.