Polity · 12 Aug 2026

SC/ST reservation creamy layer

Consider the following statements regarding the Centre's affidavit before the Supreme Court on creamy layer exclusion for SC/ST reservations:

  1. The Centre relies on Indra Sawhney v. Union of India (1992) to argue that the creamy layer test was originally evolved only for OBC reservations.
  2. In State of Punjab v. Davinder Singh (2024), all seven judges of the Constitution Bench issued a binding ruling mandating creamy layer exclusion from SC/ST reservations.
  3. E.V. Chinnaiah v. State of Andhra Pradesh (2005) held that excluding the creamy layer from the Scheduled Caste list requires legislative action by Parliament.
A1 only
B1 and 2 only
C1 and 3 only
D2 and 3 only
This question is based on: Why the Centre Says SC/ST Reservations Can Never Get a "Creamy Layer"
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About this question

Why in news

The Centre filed an affidavit opposing a PIL by advocate Ashwini Upadhyay that sought income-based creamy layer exclusion across all reserved categories, including SC/ST, following the 2024 Davinder Singh ruling on sub-classification.

Why for UPSC

UPSC frequently tests precise distinctions between a binding ruling and a non-binding judicial observation; this checks whether aspirants can correctly attribute case-specific holdings rather than conflating them.

Prelims summary

The creamy layer test originated in Indra Sawhney (1992) for OBCs. E.V. Chinnaiah (2005) requires Parliament to act to alter the SC list. Davinder Singh (2024) permitted SC/ST sub-classification but did not bindingly mandate creamy layer exclusion.

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