By Satyaki Paul
On August 24, 2021 the Supreme Court bench of Justices L. Nageswara Rao and Aniruddha Bose revoked the Haryana Government’s notification stressing that Economic criteria shouldn’t be the singular basis for identification of creamy layer for OBC reservations. As because considering only a single criterion would be in violation of the Indra Sawhney Judgement of 1992.
Initially, in the B.P. Mandal Commission in its report mentioned 11 criteria’s (including socio-educational and economic parameters). This was acknowledged by the then V.P. Singh Government. However, in due course, the constitutional validity of this OBC reservation was challenged in the Supreme Court under the Indra Sawhney case. In this case, Supreme court upheld the constitutional validity of27% reservation for the OBCs with certain conditions. In this context, one such condition is “creamy layer”.
This brings us to the first question: What is creamy layer?
The Supreme Court in Indra Sawhney Judgement of 1992observed that it is necessary to identify sections of Backward Classes who were already “highly advanced socially as well as economically and educationally” and remove them out of the purview of reservation. They include:
- The children of high-ranking constitutional functionaries, employees of a certain rank in the Union and State governments (Group-A/Class-I Officers of All India Central and State Services[IAS, IPS, IFoS and others], Group-B/Class-II Officers of Central and State Services, employees of Public Sector Undertakings[PSU’s], etc. and armed forces);
- Those wealthy enough to employ others;
- Those with noteworthy property and agricultural land holdings; and
- Those who are above an identified annual income above Rs. 6 lacs per annum.
Secondly, what is the purpose of creamy layer category?
It should be noted, that when socially and educationally backward classes are determined by giving importance to caste, it shall not be forgotten that a segment of that caste is economically advanced and they do not require the protection of reservation. By excluding those who have already attained economic well-being or educational advancement, the reservation benefits would reach the most deserving sections
Thirdly, why economic criteria cannot be the singular criteria for deciding the creamy layer?
The process of identification of an individual of the OBC community has been an apple of discord. The basic question here is how wealthy or advanced should a Backward Class section to be included in creamy layer. And, the identical income limit for both rural and urban areas is whimsical and flimsy. Furthermore, the demand for OBC caste census is growing in current context as because of the upcoming 2021 Census. However, it should be noted that reservation is a means towards winding-up discrimination based on caste which has been a feature of the Indian society for thousands of years.
Thus, in conclusion it can be observed that is not a remedy for economic backwardness. And, mandating an economic ceiling for reservation misunderstands how caste works as because lower castes (such as SCs, STs and OBCs) face discrimination even if they are well-off or educated (as seen in numerous instances such as suicide of Payal Tadvi or the Hathras gang rape and murder case)