BSP Chief Mayawati Opposes 'Creamy Layer' for SCs/STs; Attacks RSS

Bahujan Samaj Party (BSP) chief Mayawati publicly opposed the concept of applying 'creamy layer' provisions to Scheduled Castes (SCs) and Scheduled Tribes (STs) on August 10, 2026, and launched a sharp critique of the Rashtriya Swayamsevak Sangh (RSS) for advocating such ideas. Mayawati characterized the RSS position as reflecting a 'casteist mindset' and warned that such proposals, while potentially serving narrow political interests, would fundamentally undermine the constitutional objectives of social justice and inclusion embedded in the Indian Constitution. Her statement came amid ongoing ideological debates about reservation policy and periodic suggestions from various quarters to modify or restrict SC/ST reservation provisions.

The 'creamy layer' concept is currently applied to OBC (Other Backward Classes) reservations under the Supreme Court's landmark judgment in Indra Sawhney v. Union of India (1992), which established that economically advanced members of OBC categories should be excluded from reservations. However, the creamy layer has NOT been applied to SC and ST reservations, as the Supreme Court has consistently held that SCs and STs represent categories defined by social and historical discrimination based on caste, not merely economic backwardness. Applying creamy layer to SCs/STs would theoretically exclude economically advanced SC/ST individuals from reservation benefits, fundamentally altering the constitutional protection framework. Articles 15(4) and 16(4) of the Indian Constitution explicitly authorize the State to make special provisions for the advancement of socially and educationally backward classes and SCs/STs.

Mayawati's statement references the RSS's ideological position on reservations, which has historically advocated for merit-based selection over caste-based reservations and has suggested constitutional amendments to modify reservation provisions. The RSS, as the ideological parent of the Bharatiya Janata Party (BJP), represents a Hindu nationalist perspective that often questions the necessity and scope of caste-based reservations. However, any constitutional amendment affecting SC/ST reservations would require a two-thirds majority in both houses of Parliament and, theoretically, could face challenges regarding the 'basic structure' doctrine established in the Kesavananda Bharati case. Mayawati's statement represents the counter-position held by Dalit-centric political movements that view caste-based reservations as essential constitutional safeguards against historical and ongoing discrimination.