The Supreme Court on Friday questioned whether children of senior civil servants should continue receiving reservation benefits, while hearing a plea challenging the "creamy layer" exclusion that bars financially and socially advanced sections within backward classes from quota benefits.

A bench comprising Justice BV Nagarathna and Justice Ujjal Bhuyan examined the matter and raised questions about whether reservation benefits should continue for families that have already reached higher social and professional positions.

According to legal news portal Live Law, Justice Nagarathna asked: "If both parents are IAS officers why should they have reservations?"

She indicated that educational and economic progress can lead to social mobility and raised concerns over continuing such benefits across generations. She further said that if children of socially and economically empowered parents continue seeking reservation benefits, "we will never get out of it".

Debate over creamy layer criteria

Appearing for the petitioner, Advocate Shashank Ratnoo argued that the current exclusion mechanism is based on professional "status" rather than salary alone.

He submitted that Group A and Group B government employees are excluded from certain benefits, and argued that the criteria should remain separate from the standards applied to the Economically Weaker Sections (EWS).

According to Live Law, he said: "the criteria in creamy layer has to be much liberal then EWS" because EWS addresses only economic poverty and not social background.

Court seeks balance in the issue

Justice Nagarathna continued to stress the need for "some balance" in applying reservation policies.

She observed that many families that have secured high government positions are now "questioning the exclusion" despite their social advancement.

According to Live Law, she also said: "Social mobility is there."

The court has issued a notice and will examine the issue further.