Supreme Court Questions Reservation Benefits for Economically Advanced Backward Classes

The Supreme Court has expressed concerns regarding the ongoing reservation benefits for children from economically and educationally advanced families within backward classes. During a hearing related to the reservation benefits for the creamy layer of backward classes, Justices B.V. Nagarathna and Ujjwal Bhuyan questioned the necessity of reservations for children whose parents are both IAS officers. The judges noted that these individuals are well-established in government service and have ample opportunities for social advancement. The court highlighted that the government has issued orders to exclude such individuals from the reservation system, prompting questions about this exclusion. Justice Nagarathna emphasized the importance of considering this aspect.

The court further stated that social mobility should accompany educational and economic empowerment. Therefore, demanding reservations for children may not effectively address the underlying issues. Advocate Shashank Ratnu, representing the concerned parties, argued that individuals are excluded not due to their salaries but because of their social status. He called for a thorough examination to differentiate between the Economically Weaker Sections (EWS) and the higher income group (creamy layer). In response, Justice Nagarathna clarified that EWS pertains to economic backwardness rather than social backwardness.

Ratnu contended that the criteria for the creamy layer should be more lenient compared to EWS, asserting that treating both groups similarly would eliminate any distinction. Justice Nagarathna responded by stating that a balance is necessary. She pointed out that even if an individual is socially and educationally backward, their situation changes once they benefit from reservations through their parents. After considering these arguments, the court issued a notice on the petition and sought responses from the relevant parties. The Supreme Court is currently reviewing petitions regarding reservation benefits for the creamy layer within backward classes, raising the question of whether economic status can overshadow caste-based social inequalities. In the landmark 1992 Indira Sawhney case, the Supreme Court upheld a 27% reservation for OBCs but ruled that the "creamy layer" should be excluded from this quota.