Supreme Court Scrutinizes Creamy Layer in Reservations & Non-Functional CCTVs in Police Stations.

Supreme Court to Hear Creamy Layer in Reservations & Non-Functional CCTVs in Police Stations

📌 Introduction

Two aspects central to the Indian Constitution and society have received focus from the Supreme Court of India in the recent period:

The creamy layer principle in cases of reservation to backward class.

The absence of working CCTV cameras in police stations, notwithstanding previous instructions.

Both issues have serious implications of social justice and accountability and constitutional morality, so from UPSC point of view the articles are very important.

Supreme Court’s Hurdle in the “Creamy Layer” of Reservations

Background

The “creamy layer” was an offshoot of the Indra Sawhney v. Union of India (1992) case where the Supreme Court ruled that relatively well-off members from OBCs were to be kept out of the purview of reservations.

The doctrine was in that behalf prorogued to the OBCs in case of the central and state lists but was not in the case of SCs and STs.

Current Issue

The Supreme Court is also looking at applications of the creamy layer principle to SC/ST reservations, particularly in the domain of promotions.

It has raised questions about the richest and most powerful people in these communities gobbling up benefits and leaving the most marginal behind.

Arguments In Favour Of Extending Creamy Layer To The SC/STs

“Facilitates equitable share allocation across the reservation”.

“Bars perpetuation of tendencies of elite sub-castes controlling opportunities.”

Is in consonance with the constitutional ethos of equality embedded in Articles 14, 15 and 16.

Arguments Against

This is because, SC/ST reservations are intended to right the wrong of centuries of untouchability, deliberate discrimination and social exclusion, not merely backwardness of the economy.

The creamylayer principle may dilute affirmative action and decrease representation of SCs/STs in higher ranks.

Constitutional Angle

Article 15(4) & 16(4): Allow reservations for socially and educationally backward classes.

Article 335: Harmonises efficiency of administration with the claims of SCs/STs.

Judicial Precedents: E.V. Chinnaiah (2005) and Jarnail Singh (2018) judgments discuss the purport of creamy layer.

Non Functional CCTVS in Police Stations

Background

The Supreme Court in Paramvir Singh Saini vs. Baljit Singh (2020) directed an installation of CCTV cameras in police stations to curb custodial torture and bring transparency.

Requirements including interrogation rooms, lock-ups, and duty areas should also support a minimum of 18 months’ storage.

Current Concern

Despite repeated instruction many police stations do not have working CCTVs or effective monitoring.

The higher court has observed Article 21 of the Constitution of India (Right to Life & Liberty), is directly affected with regard to life and personal liberty of the taxpaying public.

Why Functional CCTVs Matter

Aid in the prevention of custodial deaths and torture.

Deter against police misconduct.

Make a case for judicial review and accountability.

Conform with international human rights duties (UN Convention against Torture).

Challenges in Implementation

Funds crunch at state level.

Poor maintenance and technical glitches.

Ignorance and politics.

Significance of Both Issues

Here, the creamy layer debate and the debate about using CCTV in education are an example of the central issues in governance that we are confronted with:

Social Justice vs. Equality of Opportunity (reservations).

Transparency vs. Impunity (policing).

They mirror the changing role of the Supreme Court as a defender of the Constitution and a defender of the rights of citizens.

📖 UPSC Relevance

Prelims

Constitutional provisions on reservations Limits to reservation (Articles 15, 16, 335).

Supreme Court judgments: Indra Sawhney (1992), Jarnail Singh (2018), Paramvir Singh (2020).

Anticipatory Bail: Corner Stone of the Constitution- Article 14/15/16/21.

Mains

GS-2 (Polity & Governance):

“Reservation policy and creamy layer debate.

“Judicial interventions for police accountability.”

GS-3 (Internal Security): Technology and policing transparency.

Probable UPSC Mains Question:

“Does creamy layer apply to SC/ST reservations? Critically examine.”

“Police reforms still lag in India, despite court orders. Discuss with reference to the mandate for CCTV in the police stations.”