Identification of Creamy Layer
IDENTIFICATION OF CREAMY LAYER
Q1. Whether the creamy layer should be excluded from the OBC reservation or not?
Q2. Whether the creamy layer should be excluded in the case of SC & ST reservations or not?
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Amongst the backward classes there is a creamy layer which pertains to certain segments of the backward classes which are affluent enough to compete with the forward class. And the non-exclusion of the creamy layer from the OBC reservation would violate the constitutional rights of the non-creamy layer, as the right to equality of the non-creamy layer would be at stake. The benefits of reservation are snatched away by the top creamy layer of the backward classes leaving the non-creamy layer suffer the effects of inequality. The creamy layer is on par with the forward class and so it is unequal with the non-creamy layer. Hence the non-creamy layer must be given a fair chance to compete with their equals among their class which would mean that the creamy layer must be excluded from the OBC reservation. And the creamy layer is identified based on the income limit. Upon exceeding that income limit decided the members of the backward classes would be considered as the creamy layer.
The Supreme Court in the case of Indra Sawhney(1992) emphasised that upon a member of the backward class reaching an advanced social level or status, the member would no longer belong to the backward class and would have to be excluded. Therefore, the creamy layer must be excluded in the case of OBC reservation.
The creamy layer test is not applicable to the SCs and STs till date as the concept of creamy layer and its exclusion from the reservation is only confined to the OBC reservation. This was laid down in the case of Indra Sawhney by the Supreme Court of India. This view has further been reiterated by the Supreme Court in the case of Ashoka Kumar Thakur v. Union of
Q1. Whether the creamy layer should be excluded from the OBC reservation or not?
Q2. Whether the creamy layer should be excluded in the case of SC & ST reservations or not?
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Amongst the backward classes there is a creamy layer which pertains to certain segments of the backward classes which are affluent enough to compete with the forward class. And the non-exclusion of the creamy layer from the OBC reservation would violate the constitutional rights of the non-creamy layer, as the right to equality of the non-creamy layer would be at stake. The benefits of reservation are snatched away by the top creamy layer of the backward classes leaving the non-creamy layer suffer the effects of inequality. The creamy layer is on par with the forward class and so it is unequal with the non-creamy layer. Hence the non-creamy layer must be given a fair chance to compete with their equals among their class which would mean that the creamy layer must be excluded from the OBC reservation. And the creamy layer is identified based on the income limit. Upon exceeding that income limit decided the members of the backward classes would be considered as the creamy layer.
The Supreme Court in the case of Indra Sawhney(1992) emphasised that upon a member of the backward class reaching an advanced social level or status, the member would no longer belong to the backward class and would have to be excluded. Therefore, the creamy layer must be excluded in the case of OBC reservation.
The creamy layer test is not applicable to the SCs and STs till date as the concept of creamy layer and its exclusion from the reservation is only confined to the OBC reservation. This was laid down in the case of Indra Sawhney by the Supreme Court of India. This view has further been reiterated by the Supreme Court in the case of Ashoka Kumar Thakur v. Union of