NEW DELHI: The Supreme Court on Monday issued notice to the Centre and all state governments on a public interest litigation (PIL) seeking the implementation of the “creamy layer” principle in reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs).
A Bench of Chief Justice of India (CJI) Surya Kant and Joymalya Bagchi sought responses from the Union government as well as all state governments on the writ petition filed under Article 32 of the Constitution by advocate Ashwini Kumar Upadhyay.
Appearing before the apex court, Upadhyay contended that in cases where a member of an SC/ST family has already attained a constitutional or senior government position, the children of such a person should not be allowed to avail of reservation benefits.
He argued that the continued grant of reservation to socially and economically advanced families within SC/ST categories defeats the very object of affirmative action.