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Home » Why has the creamy layer debate returned to court?

India News

Why has the creamy layer debate returned to court?

Times Desk
Last updated: April 29, 2026 5:58 pm
Times Desk
Published: April 29, 2026
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A view of Supreme Court of India

A view of Supreme Court of India
| Photo Credit: SUSHIL KUMAR VERMA

Fresh petitions before the Supreme Court are seeking to extend the creamy layer principle to SC/ST reservations, based on a misreading of the 2024 Davinder Singh judgment. The move revives a decades-old debate about whether income can serve as a proxy for caste-based disadvantage, and whether social justice can be trapped inside an economic test.

On March 10, the Supreme Court issued notice to the Centre and all States on a public interest litigation filed by advocate Ashwini Kumar Upadhyay seeking the exclusion of a “creamy layer” from SC/ST reservations. A separate plea, filed in February, sought an income-based prioritisation mechanism within these quotas. Both petitions claim constitutional sanction from the same source: the seven-judge bench decision in State of Punjab v. Davinder Singh (2024).

Published – April 30, 2026 08:30 am IST



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