Paper: GS-II, Subject: Governance, Topic: Government Policies, Issue: ‘Creamy layer’ in OBC reservations
Context:
The government is working on a proposal to ensure uniform application of the ‘creamy layer’ condition in OBC reservations across central and state jobs, PSUs, and universities, after consultations with ministries, NITI Aayog, and the NCBC.
The Concept of ‘Creamy Layer’:
- In the landmark Indra Sawhney vs Union of India (1992) case, the Supreme Court upheld the implementation of the Mandal Commission recommendations but mandated the exclusion of the “creamy layer” (affluent sections) from OBC job quotas.
- On September 8, 1993, the Department of Personnel and Training (DoPT) issued a circular defining the creamy layer, including:
- Sons and daughters of high constitutional functionaries.
- Government, PSU, and armed forces officers.
- “Professional class and those engaged in trade and industry.”
- “Property owners.”
- An “income/wealth test.”
- Specifically, children of parents who were direct recruits to Group A/Class I government jobs or promoted to Group A before age 40 were ineligible for the OBC quota.
- Children of parents who were both direct recruits to Group B jobs were considered part of the creamy layer.
- Children of armed forces officials above the rank of Lieutenant Colonel were ineligible. For those outside the government sector, the income ceiling was initially set at Rs 1 lakh per annum and later revised to Rs 8 lakh in 2017.
- Income from salary and agricultural income is excluded.
Efforts to Find ‘Equivalence’ in Creamy Layer Classification:
Conclusion
OBC non-creamy layer reservation aims to uplift deserving candidates, excluding the privileged. Many face difficulties due to lack of awareness and bureaucratic hurdles. Understanding government criteria helps candidates secure their rightful quota without unnecessary harassment.
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