Income-based sub-quota within reservation: Central govt opposes petition in SC

NEW DELHI: The central government opposed a public interest litigation in the Supreme Court seeking an income-based sub-quota within the reservation. The petition seeks sub-reservation to ensure reservation benefits to the economically backward among the SC, ST and OBC categories. The petition also sought a direction to the central government to formulate a reservation policy.

However, the central government in its affidavit made it clear that it won’t accept the proposal. The affidavit states that the identification of backward classes is not based solely on economic status but is based on historical and social criteria such as caste, class and social backwardness. Only Parliament has the power to amend the reservation lists notified by the President. The affidavit filed by the Department of Social Justice states that the criteria for reservation are determined on the basis of the recommendations of the Kalelkar and Mandal Commissions and the laws introduced in Parliament.

The Centre said that the creamy layer is applicable only to the OBC category and not to the SC and ST categories. According to Article 341(2) of the Constitution, only Parliament can exclude any category from the Scheduled Caste list. It is not possible through court orders or government action. The Centre labelled this as an unnecessary petition and requested that the court dismiss it only after imposing a fine.