2 days ago
Supreme Court issues notice to Centre, examine PIL for ‘income-based' reservation system for SC, STs
The Supreme Court Monday agreed to examine a petition seeking income-based distribution of reservation benefits within the quota for Scheduled Castes (SCs) and Scheduled Tribes (STs) so that the poorest among them get preference.
The Public Interest Litigation (PIL) was filed by Ramashankar Prajapati, a member of the OBC community, and Yamuna Prasad, who belongs to the SC community. The petitioners contended that the existing system, 'by failing to differentiate between the well-off and the economically deprived within these communities, has inadvertently perpetuated inequalities and hindered the true objectives of affirmative action.'
Issuing notice to the Centre on the plea, a bench of Justices Surya Kant and Joymalya Bagchi told the petitioners that they 'must be ready to face lots of opposition' given that both sides have 'very strong opinions'.
Appearing for the petitioners, Advocate Reena S Singh said they are 'requesting that reservation should be prioritised based on economic criteria'. 'We are not disturbing the percentage of the reservation…'.
Singh submitted that justice is not only in the law but in ensuring that the person who receives help is the one who needs it the most.
'Reservations disproportionately benefited a select few'
The petitioners said that by 'introducing an income-based prioritisation mechanism within SC, ST reservations, the proposed framework aims to prioritise opportunities for the most disadvantaged individuals amongst the SC-ST communities'.
'The necessity of such an approach stems from the fact that over the past 75 years, reservations have disproportionately benefited a select few within the reserved categories, creating intra-community economic disparities and failing to achieve holistic upliftment,' said the petition.
'The reservation system was established as a tool for social justice, aimed at rectifying centuries of discrimination and socio-economic deprivation faced by marginalised communities. However, the economic realities within SC, ST and OBC groups have significantly changed over time. A small percentage of families within these communities have gained access to quality education, stable employment and economic mobility, thereby securing a generational advantage. In contrast, a vast majority within SC, ST and OBC groups continue to struggle with financial hardships and lack of access to essential resources such as quality education, healthcare and employment opportunities.'
The petitioners said the 'lack of an economic criterion within SC/ST reservations has enabled certain families to monopolise benefits over generations, while those in need struggle to break free from the cycle of poverty'.
'Despite the implementation of reservations for over seven decades, many individuals from SC/ST backgrounds continue to face severe economic hardships. The persistence of poverty within these communities indicates that affirmative action in its current form is insufficient to facilitate socio-economic upliftment without targeted economic interventions.
They pointed out that a 'small but influential section of SC/ST families' has 'successfully leveraged reservations to attain high-ranking government positions, financial stability and quality education'. 'This has led to intra-community economic stratification, where the relatively affluent continue to benefit from reservations at the expense of those who remain in financial distress.'
'While political reservations have resulted in significant representation of SC/ST individuals in legislatures, the economic and educational benefits remain concentrated within privileged sections of these communities. The political empowerment of SC/ST leaders has not necessarily translated into widespread socio-economic development for the entire community.'
'Balanced approach'
They said to address 'the systemic inefficiencies' of the current reservation policy, 'a balanced approach must be adopted, integrating an economic criterion within the existing framework'.
'A system similar to the 'creamy layer' concept in OBC reservations should be introduced for SC/ST reservations. This would ensure that only the genuinely disadvantaged sections of these communities continue to receive state support. Families exceeding a certain income and asset threshold should be excluded from availing reservation benefits, thereby preventing monopolisation of opportunities by relatively well-off individuals.'
They also pointed out a few measure, including financial assistance to economically disadvantaged students 'to enable them to access quality education', specialised training programs 'to enhance the employability of individuals from the poorest sections of SC/ST communities', and that Government-backed initiatives should be 'designed to support entrepreneurship within marginalised communities ensuring economic self-sufficiency and reducing dependency on government employment.'
The plea also referred to the August 2024 ruling of the Supreme Court's Constitution Bench, which said SCs can be sub-classified for the purpose of reservation
