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Govt to SC: Only Parliament Can Extend Creamy Layer to SC/ST; Cites Article 341, E V Chinnaiah Case

Target:UPSC GS-IIMPSCTeachingSSC GAPrelims HighMains HighStatic GK Link
06 Aug 2026
~2 min
Source: Indian Express
Key Data:Article 341E V Chinnaiah (2005)Ashoka Kumar Thakur (2008)Davinder Singh (2024)
Bodies:Supreme CourtMinistry of Social Justice and EmpowermentParliament
Practice MCQs from today's news ▸
What This Article Covers

1.Centre filed counter affidavit in SC stating only Parliament can decide on extending creamy layer to SC/ST.

2.SC in E V Chinnaiah (2005) held Parliament alone under Article 341 can take such steps.

3.Current position: creamy layer principle not applicable to SC/ST as per Ashoka Kumar Thakur case (2008).

The Big Picture
Prelims · HighMains · High

The government has told the Supreme Court that extending the creamy layer principle to SC/ST is a policy decision for Parliament alone. This reaffirms that reservation for SC/ST is based on historical social criteria, not just economic status, and the creamy layer concept currently applies only to OBCs.

Exam Lens

Quick Exam Facts From News

Key SC JudgmentE V Chinnaiah (2005) - Parliament alone can exclude creamy layer from SCs
Applicability of Creamy LayerOBC only (not SC/ST) per Ashoka Kumar Thakur (2008)
Recent SC RulingDavinder Singh (2024) - sub-classification of SC/ST allowed
Nodal MinistryMinistry of Social Justice and Empowerment

1-Minute Revision

  • ›Key SC Judgment: E V Chinnaiah (2005) - Parliament alone can exclude creamy layer from SCs
  • ›Applicability of Creamy Layer: OBC only (not SC/ST) per Ashoka Kumar Thakur (2008)
  • ›Target this Data: Article 341 of the Constitution
  • ›Target this Nodal Body: Ministry of Social Justice and Empowerment
  • ›Target this Legal Point: E V Chinnaiah v State of Andhra Pradesh (2005) - Parliament alone can decide creamy layer for SCs

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Practice exam-style questions, track your score, and strengthen your recall.

Q1Static LinkageEasy

Which ministry filed the counter affidavit in the Supreme Court regarding the extension of creamy layer to SC/ST?

Q2Statement-basedHard

Consider the following statements regarding the creamy layer principle:

1. The creamy layer principle is currently applicable to Scheduled Castes and Scheduled Tribes.

2. The Supreme Court in Ashoka Kumar Thakur (2008) clarified that the creamy layer principle does not apply to SC/ST.

3. The government argues that reservation for SC/ST is based on historical and social criteria, not solely on economic status.

Which of the statements given above is/are correct?

Q3Data-centricMedium

Which Supreme Court case held that Parliament alone has the power to exclude the creamy layer from Scheduled Castes?

Q4Application/ImpactMedium

What is the primary argument of the government against extending the creamy layer principle to SC/ST?

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