Archive · 7 Aug 2026
Centre Says Creamy Layer Not Applicable to SC, ST Quotas
In India, some groups of people are called Scheduled Castes and Scheduled Tribes.
The government, called the Centre, gave the Supreme Court a special written statement called an affidavit.
In this affidavit, the Centre said the 'creamy layer' rule does not apply to the quotas for Scheduled Castes and Scheduled Tribes.
The Centre also said only Parliament can change the list of who belongs to these groups.
No state government, court, or other authority can change the list.
The list comes from Articles 341 and 342 of India's Constitution.
The government said only a law made by Parliament can add or remove a group from the list.
So the Centre wants to make clear that only Parliament has this power.
The Supreme Court will use this affidavit when it decides on the case.
The Centre filed an affidavit in the Supreme Court stating that the creamy layer principle does not apply to quotas for Scheduled Castes (SCs) and Scheduled Tribes (STs).
The affidavit says only Parliament, by law, can include or exclude any caste, tribe, or group within a caste or tribe from the SC/ST list.
It cites Clause (1) of Articles 341 and 342 of the Constitution as the basis for Parliament's exclusive power over the lists.
State governments, courts, tribunals, and any other authority cannot modify, amend, or alter the list of SCs or STs, the Centre said.
According to the Centre, no other authority is allowed to change the SC/ST list specified in the notification issued under Clause (1) of Articles 341 or 342.
- Who
- The Government of India (Centre), which submitted an affidavit, and the Supreme Court, which received it.
- What
- The Centre's affidavit argues that the creamy layer principle does not apply to SC/ST quotas and that only Parliament can alter the SC/ST list under Articles 341 and 342.
- When
- Not specified in the article.
- Where
- Before the Supreme Court of India.
- Why
- To present the Centre's position that no authority other than Parliament can include or exclude groups from the SC/ST list.
- Subject
- Centre's affidavit on creamy layer principle and SC/ST quotas
- Filed by
- Government of India (Centre)
- Filed before
- Supreme Court of India
- Core claim
- Creamy layer principle not applicable to quotas for SCs and STs
- Legal basis
- Clause (1) of Articles 341 and 342 of the Constitution
- Exclusive authority to change SC/ST list
- Parliament, by law
- Authorities barred from altering list
- State governments, courts, tribunals, and any other authority