OBC CREAMY LAYER
1. Context
The allotment of Indian Administrative Service (IAS) to Puja Khedkar as an Other Backward Class (OBC) Non-Creamy Layer (NCL) candidate coupled with multiple disabilities has raised issues surrounding the creamy layer in OBC reservation.
2.History of reservation
- Articles 15 and 16 ensure that all citizens are treated equally under government policies and in public employment.
- To promote social justice, these articles also allow for special provisions aimed at uplifting socially and educationally disadvantaged groups such as Other Backward Classes (OBC), Scheduled Castes (SC), and Scheduled Tribes (ST).
- Specifically, SCs and STs are allocated reservations of 15% and 7.5% respectively in central government jobs, educational institutions, and public sector enterprises.
- In 1990, during V. P. Singh's tenure as Prime Minister, a 27% reservation for OBCs was introduced in central government jobs based on the Mandal Commission's recommendations from 1980.
- Later, in 2005, reservations for OBCs, SCs, and STs were extended to educational institutions, including private ones. Additionally, in 2019, a 10% reservation was introduced for Economically Weaker Sections (EWS) within the general category
3. What is Creamy Layer?
- In the Indra Sawhney case (1992), the Supreme Court affirmed the 27% reservation for OBCs, acknowledging that caste serves as a class determinant in the Indian context.
- However, to maintain the fundamental principle of equality, the Court imposed a 50% cap on total reservations, allowing exceptions only under special circumstances. The Court also mandated the exclusion of the 'creamy layer' within the OBC category.
- The criteria for identifying individuals as part of the creamy layer are based on the recommendations of the Justice Ram Nandan Prasad Committee (1993).
- This determination relies solely on the income or position of an applicant’s parents. To be considered part of the creamy layer, an applicant's parental income, excluding salary and agricultural earnings, must exceed ₹8 lakh annually for each of the last three financial years.
- Additionally, the creamy layer includes individuals whose parents: (a) entered government service as Group A/Class I officers or both entered as Group B/Class II officers, or if the father was promoted from a Group B/Class II post to Group A/Class I before the age of 40; (b) are employed in managerial roles in public sector undertakings (PSUs); or (c) hold constitutional positions
4. Challenges
- Recent controversies have highlighted flaws in the reservation process. There are claims that some individuals secure Non-Creamy Layer (NCL) or Economically Weaker Sections (EWS) certificates through questionable methods.
- Similar concerns are raised about disability certificates, which are used to claim the 4% reservation for people with disabilities in central government positions.
- There are also allegations of individuals and their families circumventing the creamy layer exclusion by employing tactics such as transferring assets or opting for early retirement, since the income of the applicant’s spouse is not factored into the creamy layer criteria.
- Another contentious point is the uneven distribution of reservation benefits. The Rohini Commission, tasked with recommending sub-categorization among OBC castes, reported that approximately 97% of reserved positions and seats in educational institutions are occupied by only 25% of OBC castes/sub-castes at the central level.
- About 1,000 of the 2,600 OBC communities have no representation in jobs or educational institutions. A similar issue of uneven distribution exists within the SC and ST categories, which do not have a creamy layer exclusion.
- Currently, the reservation percentage stands at 60%, including the EWS quota. Given the current societal dynamics, this higher percentage is deemed necessary. Government responses in Parliament reveal that 40-50% of seats reserved for OBC, SC, and ST categories in central government roles often remain unfilled
5. Way Forward
The primary focus should be on addressing the gaps in the issuance of Non-Creamy Layer (NCL), Economically Weaker Sections (EWS), and disability certificates. It is crucial to implement rigorous checks to ensure that only qualified individuals receive these benefits.
Efforts should be made to fill vacancies for reserved categories without any backlog. Additionally, sub-categorization within reservations might be necessary to correct the underrepresentation or lack of representation of various communities. Consideration could also be given to applying creamy layer exclusion within the SC and ST categories, at least for the children of Group I/Class A government officials. While these are complex and sensitive issues with arguments both for and against such proposals, initiating discussions with all relevant stakeholders is important. This approach would help ensure that reservation benefits more effectively reach the most marginalized groups across generations
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For Prelims: Rohini Commission, OBC, National Commission for Backward Classes, Hukum Singh Committee, B.P. Mandal Commission, Kaka Kalelkar Commission,
For Mains:
1. "Discuss the significance of caste enumeration and subcategorization of Other Backward Classes (OBCs) in the context of India's reservation policies. How does it impact social equity and representation?" (250 Words)
2. Critically assess the role of the Mandal Commission and subsequent commissions in addressing the issue of OBC reservation and subcategorization. Discuss the challenges and opportunities in implementing subcategorization policies. (250 Words)
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Previous Year Questions
1. Consider the following organizations/bodies in India: (UPSC 2023)
How many of the above constitutional bodies? (a) Only one Answer: A 2. The First Backward Classes Commission was chaired by: (Dehli Police Constable 2020) (TNPSC Group 1) A. V.P. Singh B. PG Shah C. Kaka Kalelkar D. Anup Singh Answer: C |
Source: The Hindu
