News & Analysis thehindu.com

Supreme Court questions quota to children of economically, educationally advanced families in backward classes

22 May 2026 Source

Exam Summary

The Supreme Court has questioned the continued grant of reservation benefits to children of economically and educationally advanced families within backward classes, emphasizing that social mobility achieved through parental empowerment should lead to their exclusion from reservation. This observation was made during a hearing challenging a Karnataka High Court judgment that upheld the exclusion of a petitioner from reservation based on the 'creamy layer' principle, where parents' combined income exceeded the prescribed threshold. The court highlighted that existing government orders provide for such exclusion, but these are being challenged. It also briefly noted a separate case where it stated that the legislature must decide on the creamy layer for Scheduled Castes and Scheduled Tribes.

GS Paper 2: Indian Polity & Governance (Constitutional provisions, Judiciary, Government policies and interventions for development in various sectors and issues arising out of their design and implementation); Social Justice (Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections).

UPSC concepts in this story

These are durable syllabus ideas — use them for revision, not article memory.

Creamy Layer Concept in Reservations

The Supreme Court's observations underscore the 'creamy layer' principle, which aims to exclude economically and educationally advanced individuals from rese...

Indian Polity & Governance 9 PYQs 1 developments

Reservation Policy and Social Justice in India

The Supreme Court's observations on reservation benefits for advanced sections within backward classes highlight the policy's objective of fostering social m...

Social Justice & Development 4 PYQs 1 developments

Exam Themes

Prelims Takeaways

  • Understand the 'creamy layer' concept and its application to Other Backward Classes (OBCs).
  • Note the distinction in the application of 'creamy layer' for OBCs versus the ongoing debate and legislative role for Scheduled Castes (SCs) and Scheduled Tribes (STs).
  • Recognize the Supreme Court's role in interpreting and shaping reservation policies.
  • Familiarize with the legal basis for excluding economically and educationally advanced sections from reservation benefits within backward classes.
  • Understand the concept of social mobility in the context of affirmative action policies.

Elimination Traps

  • Confusing the 'creamy layer' application rules for OBCs with those for SCs/STs.
  • Misinterpreting the Supreme Court's observations as a definitive ruling on the 'creamy layer' for SCs/STs, rather than a call for legislative action.
  • Overemphasizing the EWS quota, which is mentioned in a headline but not the core discussion of the article.

Static Concepts

  • Reservation policy in India
  • Creamy Layer concept
  • Social mobility
  • Economically Weaker Section (EWS) quota
  • Scheduled Castes (SC) reservation
  • Scheduled Tribes (ST) reservation
  • Other Backward Classes (OBC) reservation

Probable Question Areas

Question areas
  • What is the 'creamy layer' concept in the context of reservation in India, and how is it applied to OBCs?
Question areas
  • Discuss the constitutional and judicial basis for the 'creamy layer' exclusion.
Question areas
  • Analyze the arguments for and against the application of the 'creamy layer' principle to Scheduled Castes and Scheduled Tribes.
Question areas
  • Examine the role of the judiciary in balancing social justice and equality in reservation policies.
Question areas
  • What are the implications of social mobility on the continued relevance of reservation benefits for advanced sections within backward classes?
Conceptual Recurrence

Related Prelims PYQs

Ranked by topic match, theme match, recency, and recurring UPSC patterns.

UPSC Prelims 2021 Social Issues & Schemes

With reference to the casual workers employed in India, consider the following statements:
1. All casual workers are entitled for Employees Provident Fund coverage.
2. All casual workers are entitled for regular working hours and overtime payment.
3. The government can by a notification specify that an establishment or industry shall pay wages only through its bank account.

Which of the above statements are correct?

  1. A. 1 and 2 only
  2. B. 1 and 3 only
  3. C. 2 and 3 only
  4. D. 1, 2 and 3
Explanation
Correct answer
C. 2 and 3 only

Statement 1 is not correct: The Government had launched a scheme viz Casual Labourers (Grant of Temporary Status and Regularization) Scheme of Government of India, 1993. As per the scheme, Temporary status would be conferred on all casual labourers who were in employment and who have rendered a continuous service of at least one year, which means that they must have been engaged for at least 240 days (206 days in case of offices observing 5 days week). Statement 2 is correct: The Supreme Court has decreed that casual workers are also entitled to social security benefits as stipulated in the Employees Provident Funds and Miscellaneous Provisions Act. The Court's ruling stemmed from its interpretation of Section 2(f) of the EPF Act, wherein the definition of an "employee" encompasses a broad scope, including any individual engaged directly or indirectly in connection with an establishment's work and receiving wages. A bench of the Supreme Court affirmed this viewpoint. Statement 3 is correct: The government has the authority to specify through a notification that an establishment or industry is obligated to disburse wages exclusively via its bank account.

Indian Economy Social Justice & Development Indian Polity & Governance Welfare Schemes & Social Policies Labor & Demographic Economics Judiciary & Judicial Review
UPSC Prelims 2020 Indian Polity

Consider the following statements:

1. Aadhaar metadata cannot be stored for more than three months.
2. State cannot enter into any contract with private corporations for sharing of Aadhaar data.
3. Aadhaar is mandatory for obtaining insurance products.
4. Aadhaar is mandatory for getting benefits funded out of the Consolidated Fund of India.

Which of the statements given above is/are correct?

  1. A. 1 and 4 only
  2. B. 2 and 4 only
  3. C. 3 only
  4. D. 1, 2 and 3
Explanation
Correct answer
B. 2 and 4 only

Statement 1 is incorrect: The Supreme Court ruled that Aadhaar metadata cannot be stored for more than six months, which invalidated the provision in the Aadhaar Act that allowed the storage of such data for up to five years. Statement 2 is correct: The Supreme Court struck down Section 57 which allowed private corporations to verify Aadhaar data. The Court held this provision unconstitutional, as it was seen to violate privacy rights. Statement 3 is incorrect: The 2018 Supreme Court judgment declared that making Aadhaar mandatory for services beyond welfare schemes, including financial services like insurance or for preventing money laundering, was unconstitutional. In response to this ruling, the IRDAI issued an advisory in 2019, clarifying that Aadhaar is not mandatory for obtaining insurance. It also withdrew its earlier 2017 policy that had made Aadhaar compulsory for insurance in the context of anti-money laundering measures. Statement 4 is correct: In the Aadhaar verdict, the Supreme Court upheld Section 7 of the Aadhaar Act, which allows the Central or State Governments to make Aadhaar authentication mandatory for receiving subsidies, benefits, or services funded by the Consolidated Fund of India. The Court defined welfare schemes as those funded by the Consolidated Fund of India, thus validating the use of Aadhaar for such schemes. Therefore, the correct answer is B. 2 and 4 only.

Indian Polity & Governance Current Affairs Judiciary & Judicial Review Fundamental Rights Welfare Schemes & Social Policies
UPSC Prelims 2024 Social Issues & Schemes

Operations undertaken by the Army towards upliftment of the local population in remote areas to include addressing of their basic needs is called:

  1. A. Operation Sankalp
  2. B. Operation Maitri
  3. C. Operation Sadbhavana
  4. D. Operation Madad
Explanation
Correct answer
C. Operation Sadbhavana

Operation Sadbhavana is a unique initiative undertaken by the Indian Army in Jammu & Kashmir and the North East regions. It focuses on winning the hearts and minds of the local population through various developmental activities and assistance. This includes providing education, healthcare, infrastructure development, and promoting skill development initiatives. _Let's look at the other options:_ * Operation Sankalp was launched by the Indian Navy to ensure maritime security in the Persian Gulf and the Gulf of Oman. *  Operation Maitri refers to the Indian Armed Forces' humanitarian assistance and disaster relief operations to assist friendly countries. A notable example was the aid provided to Nepal during the 2015 earthquake. *  Operation Madad is the Indian Navy's effort to provide humanitarian assistance and disaster relief during natural calamities, both within India and to neighboring countries.

Social Justice & Development Indian Polity & Governance Welfare Schemes & Social Policies
UPSC Prelims 2013 Social Issues & Schemes

With reference to the National Legal Services Authority, consider the following statements :
1. Its objective is to provide free and competent legal services to the weaker sections of the society on the basis of equal opportunity.
2. It issues guidelines for the State Legal Services Authorities to implement the legal programs and schemes throughout the country.

Which of the statements given above is/are correct?

  1. A. 1 only
  2. B. 2 only
  3. C. 1 and 2 only
  4. D. None of the above
Explanation
Correct answer
C. 1 and 2 only

Both statements are correct. The National Legal Services Authority (NALSA) plays a crucial role in ensuring equal access to justice for all in India. Statement 1 is correct: NALSA's primary objective is to offer free and competent legal services to the underprivileged sections of society. This empowers them to navigate the legal system and fight for their rights, regardless of their financial background. Statement 2 is correct: NALSA functions as the apex body, setting guidelines and frameworks for State Legal Services Authorities (SLSAs) to implement legal aid programs and initiatives throughout the country. These SLSAs operate at the state level to deliver legal services to the public.

Indian Polity & Governance Social Justice & Development Constitutional & Statutory Bodies Welfare Schemes & Social Policies
UPSC Prelims 2022 Social Issues & Schemes

Consider the following statements:

1. The India Sanitation Coalition is a platform to promote sustainable sanitation and is funded by the Government of India and the World Health Organization.
2. The National Institute of Urban Affairs is an apex body of the Minister of Housing and Urban Affairs in Government
of India and provides innovative solutions to address the challenges of Urban India.

Which of the statements given above is/are correct?

  1. A. 1 only
  2. B. 2 only
  3. C. Both 1 and 2
  4. D. Neither 1 nor 2
Explanation
Correct answer
D. Neither 1 nor 2

Statement 1 is incorrect. The India Sanitation Coalition was launched on June 25, 2015, at FICCI, New Delhi. ISC is a multi-stakeholder platform that brings together the private sector, government, financial institutions, civil society groups, media, donors/bilateral/multilateral, experts, etc., to work in the sanitation space to drive sustainable sanitation through a partnership model. It is not funded by WHO. Statement 2 is incorrect. The National Institute of Urban Affairs (NIUA) is India’s premier urban think tank, shaping the urban narrative since its establishment in 1976, it not an apex body. It is an autonomous body under the Societies Registration Act.

Social Justice & Development Indian Polity & Governance Welfare Schemes & Social Policies Constitutional & Statutory Bodies
UPSC Prelims 2020 Social Issues & Schemes

In India, Legal Services Authorities provide free legal services to which of the following type of citizens?
1. Person with an annual income of less than Rs 1,00,000
2. Transgender with an annual income of less than Rs 2,00,000
3. Member of Other Backward Classes (OBC) with an annual income of less than Rs 3,00,000
4. All Senior Citizens

  1. A. 1 and 2 only
  2. B. 3 and 4 only
  3. C. 2 and 3 only
  4. D. 1 and 4 only
Explanation
Correct answer
A. 1 and 2 only

Statement 1 is correct. The persons eligible for getting free legal services include - Women and children - Members of SC/ST - Industrial workmen - Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster - Disabled persons - Persons in custody - Persons whose annual income does not exceed 1 lakh - Victims of trafficking in human beings or begar . Statement 2 is correct. There is provision for free legal aid to transgenders up to 2 lakhs in Delhi. (But it is yet to be implemented at an all India level) Statement 3 is not correct. There is free aid to members of SC and ST community but not for OBCs. Statement 4 is not correct. Senior citizens eligibility for free legal aid depends on the Rules framed by the respective State Governments in this regard. In Delhi, for example, senior citizens are eligible for free legal aid subject to a prescribed ceiling of annual income. Therefore, all senior citizens are not eligible for free aid. Hence, A seems to be the most appropriate option among the given list.

Indian Polity & Governance Social Justice & Development Constitutional & Statutory Bodies Welfare Schemes & Social Policies
UPSC Prelims 2019 Indian Polity

Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?

  1. A. Third Schedule
  2. B. Fifth Schedule
  3. C. Ninth Schedule
  4. D. Twelfth Schedule
Explanation
Correct answer
B. Fifth Schedule

The Fifth Schedule of the Indian Constitution deals with the administration and governance of Scheduled Areas, which are regions with a significant tribal population. It aims to safeguard the rights, culture, and land of tribal communities while preventing their exploitation. Under this Schedule, the Governor of a state with Scheduled Areas has special powers, including the authority to: - Declare any law related to the transfer of tribal land as null and void if it is found to violate the interests of the tribal population. - Prohibit or regulate the transfer of tribal land to non-tribals, ensuring that tribal communities retain control over their ancestral land and resources. These provisions act as a protective mechanism, preventing tribal communities from being forced or manipulated into selling their land for activities like mining, industries, or large-scale projects without adequate safeguards.

Indian Polity & Governance Social Justice & Development Constitutional Amendments & Structure Welfare Schemes & Social Policies
UPSC Prelims 2023 Social Issues & Schemes

Consider the following statements :
Statement-I :India's public sector health care system largely focuses on curative care with limited preventive, promotive and rehabilitative care.
Statement-II: Under India's decentralized approach to health care delivery, the States are primarily responsible for organizing health services.

Which one of the following is correct in respect of the above statements?

  1. A. Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
  2. B. Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
  3. C. Statement-I is correct but Statement-II is incorrect
  4. D. Statement-I is incorrect but Statement-II is correct
Explanation
Correct answer
B. Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I

* Statement I is correct: India's public healthcare system prioritises curative care, which focuses on treating existing illnesses. Preventive, promotive, and rehabilitative care, which aims to prevent diseases, promote good health, and help people recover from illness, receive less emphasis. * Statement II is correct: India's healthcare system follows a decentralised approach. The central government sets policies and provides financial assistance, but individual states are responsible for organising and delivering health services to their populations. This allows for flexibility based on local needs and contexts.
Therefore, the answer is Both Statement I and Statement II are correct.

Social Justice & Development Indian Polity & Governance Welfare Schemes & Social Policies Federal Structure & Centre State Relations
UPSC Prelims 2021 Indian Polity

At the national level, which ministry is the nodal agency to ensure effective implementation of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006?

  1. A. Ministry of Environment, Forest and Climate Change
  2. B. Ministry of Panchayati Raj
  3. C. Ministry of Rural Development
  4. D. Ministry of Tribal Affairs
Explanation
Correct answer
D. Ministry of Tribal Affairs

At the national level, the Ministry of Tribal Affairs is the nodal agency to ensure effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

Indian Polity & Governance Social Justice & Development Welfare Schemes & Social Policies Executive & Council Of Ministers
UPSC Prelims 2020 Social Issues & Schemes

With reference to the funds under Members of Parliament Local Area Development Scheme (MPLADS), which of the following statements are correct?
1. MPLADS funds must be used to create durable assets like physical infrastructure for health, education, etc.
2. A specified portion of each MP’s fund must benefit SC/ST populations
3. MPLADS funds are sanctioned on yearly basis and the unused funds cannot be carried forward to the next years
4. The district authority must inspect at least 10% of all works under implementation every year

  1. A. 1 and 2 only
  2. B. 3 and 4 only
  3. C. 1, 2 and 3 only
  4. D. 1, 2 and 4 only
Explanation
Correct answer
D. 1, 2 and 4 only

Statement 1 is correct: The MPLAD scheme lets MPs recommend works for local infrastructure and development needs in their constituency. The focus is on creating durable assets that benefit the community. Certain works are prohibited under MPLAD guidelines, which MPs must follow. Statement 2 is correct: The scheme requires MPs to allocate at least 15% of the MPLADS entitlement for the year to areas inhabited by the Scheduled Caste population and 7.5% for areas inhabited by the Scheduled Tribe population. If there are insufficient tribal populations in the MP's constituency, they can recommend this amount for the creation of community assets in tribal areas outside their constituency, but within their State of election. If a state does not have Scheduled Tribe inhabited areas, this amount can be utilized in Scheduled Caste areas. Statement 3 is incorrect: Funds released to the District Authority by the Government of India under the MPLAD scheme are non-lapsable, meaning that funds left in the district can be carried forward and utilized in subsequent years. Statement 4 is correct: The District Authority is responsible for coordinating and supervising the works under the scheme at the district level. They also inspect at least 10% of the works under implementation every year. Based on the above information, the correct answer is (d).

Indian Polity & Governance Social Justice & Development Welfare Schemes & Social Policies Parliamentary System & Procedures