Creamy Layer Limit: What is Creamy Layer: What is Creamy Layer in OBC and how is it defined, Learn the criteria laid down by the Supreme Court: What is Creamy Layer in OBC, How is it determined? Know the conditions fixed as per the order of the Supreme Court
The Supreme Court has quashed the notification of the order to fix priority in the non-creamy layer of Other Backward Classes (OBCs), saying that the creamy layer cannot be decided on financial grounds alone. A bench headed by Supreme Court Justice L Nageshwar Rao said that the state government had fixed the creamy layer only for financial reasons through a notification dated August 17, 2016. The bench said that the notification was against the decision of the Supreme Court in the case involving Indira Sahni. He said the Indira Sahni Judgment had stated the formula for determining the creamy layer on economic, social and other grounds.
Recommendation of Mandal Commission and OBC
A commission was set up in the year 1979 under the chairmanship of Bindeshwari Prasad Mandal (BP Mandal) to identify social or educational classes among Hindus. 27% reservation is recommended for backward classes in government educational institutions and jobs. Note that the reservation provision for Scheduled Tribes (ST) and Scheduled Castes (SC) was already in force in the country. Therefore, those who were recommended for reservation by the Mandal Commission were called Other Backward Classes (OBCs).
What is a creamy layer in OBC?
The recommendations of the Mandal Commission remained unaffected for 12 years. When VP Singh became the Prime Minister of the country, OBC reservation in jobs and admission to educational institutions was announced in 1991 on the basis of this recommendation. He was then challenged in the country’s Supreme Court by Supreme Court lawyer Indira Sahni. The Supreme Court in its judgment of 16 November 1991 upheld the decision of 27% reservation for OBCs, but caste can be used as a basis for backwardness to identify OBCs. At the same time, it was also made clear that the creamy layer would not be given reservation in OBC.
The basis of income for determining the creamy layer
Following the Supreme Court decision, in 1992, the OBC reservation was implemented across the country. However, some states have not listened to the Supreme Court saying that they have no creamy layer in OBCs. In 1999, the issue of the creamy layer once again came before the Supreme Court. The court reiterated its earlier order. However, as early as 1993, the VP Singh government at the Center fixed the maximum annual income for fixing the creamy layer in OBCs and also created a system of non-creamy layer certification.
What is the amount of income
Accordingly, in 1993, OBC families with an annual income of more than Rs 1 lakh were declared as creamy layer. This means that an OBC family earning Rs one lakh a year was not given the benefit of reservation. The figure rose to Rs 2.5 lakh in 2004, Rs 4.5 lakh in 2008, Rs 6 lakh in 2013 and then Rs 8 lakh in 2017. As a rule, the amount of fixed income is revised every three years to fix the creamy layer. That is why now the National Backward Classes Commission (NCBC) and activists fighting for OBC welfare are talking about increasing this amount as soon as possible.
On the other hand, the government says it is awaiting the report of the Justice Rohini Commission constituted to determine the sub-castes of the OBC quota caste. Union Minister of State for Social Justice and Empowerment Pratima Bhowmik gave a written reply in the Lok Sabha during the monsoon session. “A proposal to change the income criteria to fix the creamy layer in OBCs is under consideration by the government,” he said.
Eligibility Criteria for Obtaining OBC Certificate
If one’s parents are doing Group C or D category jobs in the Central Government
Even if you are a government listed caste, no one will get OBC certificate …
If he belongs to a backward caste or a very backward class caste
Group A service like IAS, IPS, IFS should have both or both parents
Both or both parents are working in Group B and Group C jobs of the Central Government
Parents or both are employed in Group 1 jobs of the State Government
The total annual income of oneself and the entire family from all other mediums except agriculture is more than Rs. 8 lakhs
Then the states got the right to make OBC list
States are given the right to decide which castes should be included in the OBC list. However, in 2018, the Center took over these rights from the states by amending the law, but in the last rainy session of Parliament, the Center restored the right to the OBC list to the states through the 12th Amendment. .
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