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Creamy Layer in OBC Reservation

Part of: GS Prelims and GS – II – issues related to SCs and STs

In news Holding that annual earning cannot be the sole criteria for identifying creamy layer between backward class to deny reservation, the Supreme Court held that it has to be done on the basis of social economic and other relevant factors and not only economic criteria.

SC quashed the 2016 notification issued by the Haryana government by which sections of backward classes earning above Rs.6,00,00 per annum were to be considered as a creamy layer, whereby the state wrongly sought to determine creamy layer solely on the basis of economic practice
The court said that the decision of the state government was in violation of the principles laid down by the apex court in Indra Sawhney case

What was Indra Sawhney’s verdict related to creamy layer?

In Indra Sawhney case the court had held that persons from backward classes who occupied posts in higher services like IAS, IPS and all India services had reached a higher level of social advancement and economic status and therefore were not entitled to be treated as backward.
Such persons were to be treated as creamy layer without any further enquiry.
Likewise people with sufficient income who are in a position to provide employment to others should also be taken to have reached a higher social status and therefore should be treated as outside the backward class.
Similarly, persons from backward classes who had higher agricultural holdings or were receiving income from property beyond the prescribed limit do not deserve the benefit of reservation.
The above mentioned categories were necessary to be excluded from backward classes.

News source: TH

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