The Centre has opposed before the Supreme Court a plea seeking income-based preferences within each reserved category to ensure that economically weaker candidates among the Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs) and Economically Weaker Sections (EWS) receive a greater share of reservation benefits.
The Union government submitted that reservation for SCs, STs and Socially and Educationally Backward Classes (SEBCs)/OBCs is primarily founded on historical and social backwardness and cannot be determined solely by an individual’s economic status.
In an affidavit filed through the Ministry of Social Justice and Empowerment, the Centre said the criteria for identifying SCs, STs and SEBCs include historical, social and economic backwardness.
According to the government, Scheduled Castes suffer from historical marginalization tied to untouchability, while Scheduled Tribes are distinguished by unique cultures, remote locations, and backwardness. Socially and Educationally Backward Classes, on the other hand, face broader social, educational, and economic disadvantages alongside low representation in public employment
The Centre maintained that identification of SCs, STs and SEBCs/OBCs is consequently based on factors such as caste, tribe and social backwardness and not merely on economic status.
It further pointed out that under Articles 341(1) and 342(1) of the Constitution, the lists of SCs and STs can be amended only through legislation enacted by Parliament. No State government, court, tribunal or other authority can independently modify, amend or alter these lists, it said.
The government added that similar constitutional provisions relating to Socially and Educationally Backward Classes were introduced through the Constitution (One Hundred and Second Amendment) Act, 2018.
Referring to the Supreme Court’s nine-judge Constitution Bench decision in Indra Sawhney & Ors v. Union of India (1992) and the judgment in M Nagaraj, the Centre said the principles of the creamy layer are not applicable to SCs and STs for the purpose of reservation.
It also submitted that most welfare and development schemes for SCs, STs and SEBCs already incorporate a means test to ensure that benefits reach those who are genuinely entitled to them.
However, such a means test does not presently apply to reservation in educational institutions or reservation in services under the State, the government said.
The Centre further argued that introducing income-based preferences within existing reserved categories would require a comprehensive review of the reservation framework.
According to the statement, altering the reservation policy to add income limits within reserved categories requires a full review and detailed study of the beneficiaries’ socio-economic conditions first.
The government also placed before the Court the existing procedures and criteria governing the identification and notification of SCs, STs, OBCs/SEBCs and EWS categories.
It argued that the petition essentially sought a mandamus directing the executive to formulate a reservation policy in a particular manner. According to the Centre, issuing such a direction would amount to the judiciary entering the executive’s policy-making domain.
The government therefore urged the Supreme Court to dismiss the plea on grounds of maintainability and non-justiciability. It said the Court should refrain from directing the executive to alter reservation policies or introduce income-based preferences in the absence of empirical data and a legislative mandate.
Such an exercise, the Centre added, would have to respect the principles of separation of powers as well as established judicial precedents.
The petitioner had sought directions for framing policies aimed at making reservation in government employment and educational opportunities more equitable.
The plea sought a merit-cum-means approach for distributing reservation benefits, contending that economically weaker persons within reserved categories should receive greater benefits.
The Centre, however, said the primary objective of reservation is to achieve social equality and justice, address historical disadvantages and discrimination, promote the economic empowerment of marginalised communities, and ensure their inclusive participation in education, public services and decision-making.
According to the government, the reservation framework is intended to provide fair opportunities, reduce disparities and promote diversity in governance and academia by addressing the historical marginalisation of disadvantaged communities.
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