SC/ST creamy layer exclusion from quota: Centre asks Supreme Court to review it by seven-judges bench

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Supreme Court to hear after two weeks on suggestion of Attorney General

New Delhi, Dec 02: The Central Government has asked to the Supreme Court to send the matter of determining creamy layer in reservation for Scheduled Castes and Scheduled Tribes community to the bench of seven- judges. On behalf of the central government, Attorney General KK Venugopal asked the court to hear seven-judges bench to this matter. Thereafter, Chief Justice SA Bobde said that the court would hear after two weeks on the suggestion of the Attorney General.

On September 26 2018, a five-member bench of the Supreme Court, on the matter of reservation in promotion in government jobs, said that the Supreme Court’s decision in the Nagraj case in 2006 does not need to be referred to the seven-member Constitution Bench. That is, according to Nagaraj’s decision, there will be reservation in promotion. In the Nagaraj judgment, the Supreme Court overturned the decision to grant reservation on the basis of data, saying that there is no need to collect data. The Supreme Court had said that the decision to collect the data is contrary to the decision of the Indira Sawhney case.

The Supreme Court had said that the government should decide on which post to give reservation in promotion, in which not to give. While giving reservation in promotion to the state governments, see whether it is having a negative effect in the administrative operations. On the creamy layer case, the Supreme Court had said that the provision of creamy layer in reservation for promotion can be implemented as the creamy layer arrangement in Nagraj’s Judgment is right.

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