The Supreme Court will hear a petition seeking to exclude the well-off members, or the creamy layer, of the Scheduled Castes and Tribes from the benefits of reservation. Members who earn a specified income should be means tested, a test carried out to examine the value of a person's assets claiming a reservation to determine their eligibility. Say no to plagiarism. Get Custom Essay on 'Why Violent Video Games Should Not Be Banned'?Get Original Essay A court headed by Chief Justice of India Dipak Misra will hear the petition which states that the rich among SC /ST “snatch” the benefits, while the deserving and the poor continue to “bite the dust”. This is due to lack of diffusion of benefits to the poor which has led to social unrest, Naxalite movements and perpetual poverty, he says. This is the first time that a petition has been filed, urging the Supreme Court to introduce the concept of creamy layer. for SC/ST. In 1992, nine judges of the court in the Indra Sawhney case (Mandal case) upheld the validity of caste-based reservation for OBCs. The court also said that the creamy layer of OBCs should not enjoy reservation benefits. The decision, however, limited the exclusion of the creamy layer to OBCs and not SC/STs. Now, the petition filed by Samta Andolan Samiti, which represents the poor sections of SC/ST in Rajasthan, wants the creamy section of SC/ST to be excluded from the benefits. The petition, filed by lawyer Shobhit Tiwari, refers to the Constitution. The 2006 Bench judgment in the M. Nagaraj case held that “the means test should be taken into consideration to exclude the creamy layer from the group reserved for reservation. » “The affluent/rich and advanced sections of SC/ST grab maximum benefits. and 95% of the members of these communities are disadvantaged. The rich among the SC/STs are siphoning off the reservation benefits given to them by the state government as well as the central government. The benefits of the reservation policy do not trickle down to the people who actually need it,” the petition claims. This lack of diffusion of the benefits of quotas to the poorest of the poor guarantees that “the weak always remain the weak and that the wealthiest layers consume all the cake”. The rich are getting richer and the poor are getting poorer. The petition argues that no class or caste has remained homogeneous through time. Keep in mind: this is just a sample. Get a personalized article from our expert writers now. Get a Personalized Essay The creamy and evolved layer of SC/ST takes advantage of reserves and puts people in acute need, in scarcity. The petition claims that only the backward part of the castes included in the SC/ST list are constitutionally entitled to the benefits of reservation..