GS 2: PolityGS 2: Social JusticePrelims

How did the SC read the OBC creamy layer test?, Pg12

Supreme Court clarifies OBC creamy layer criteria, ruling parental income alone insufficient; impacts PSU, private sector employees' children's reservation eligibility.

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Key Highlights:

  • The Supreme Court ruled on March 11 that parental income alone cannot determine the creamy layer status for OBC candidates.
  • The ruling addresses confusion in applying the income/wealth test for OBC candidates whose parents work in PSUs or private sectors.
  • The court highlighted that salary and agricultural income should be excluded when applying the income/wealth test, as per the 1993 DoPT OM.
  • The judgment applies to children of parents in PSUs and private employment, potentially benefiting candidates since 2015.

Detailed Insights:

  • The concept of creamy layer was introduced after the 1992 Indra Sawhney case to exclude privileged OBC candidates from reservation benefits.
  • A 1993 DoPT OM specified categories for exclusion, including children of high-ranking officials and those meeting an income/wealth test.
  • The income/wealth test initially set a limit of ₹1 lakh in 1993, revised to ₹8 lakh in 2017, excluding income from salary and agricultural land.
  • A 2004 DoPT letter caused confusion by suggesting inclusion of salary income, leading to the Supreme Court's intervention.
  • The court found "hostile discrimination" in treating children of PSU and private employees differently from those in government service.
  • The ruling mandates fair creamy layer evaluation for OBC candidates from PSU families, pending equivalence establishment.
  • The government may need to create supernumerary posts to accommodate candidates who were wrongly denied OBC benefits.

Key Concepts Involved:

  • Creamy Layer: A category within OBCs excluded from reservation benefits due to socioeconomic advancement.
  • Office Memorandum (OM): Official communication used by government departments to convey decisions and guidelines.
  • Other Backward Classes (OBC): A group of castes recognized by the Indian government as socially and educationally disadvantaged.
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