OBC Creamy Layer Policy

·         OBC Reservation: Under Article 16(4), the State can provide reservation in public employment for backward classes that are not adequately represented.

• Creamy Layer: Relatively advanced sections among OBCs who are excluded from the benefit of reservation.
• Constitutional Basis: The principle of excluding the creamy layer emerged from the Indra Sawhney v. Union of India (1992) judgment.
• Indra Sawhney Case: The Supreme Court upheld OBC reservation but directed exclusion of the creamy layer.
• 50% Ceiling: The judgment generally prescribed a 50% ceiling on reservations, subject to exceptional circumstances.
• Article 16(4A): Provides for reservation in promotion for SCs and STs; it does not itself extend reservation in promotion to OBCs.
• Article 15(4): Enables special provisions for the advancement of socially and educationally backward classes, SCs and STs.
• Article 15(5): Enables special provisions relating to admission to educational institutions, including private educational institutions, for SEBCs, SCs and STs, subject to constitutional exceptions.
• Key Principle: Creamy-layer exclusion is intended to ensure that reservation benefits reach the more disadvantaged sections within OBCs.

Prelims Questions

Q1. With reference to the OBC creamy layer, consider the following statements:

1. The concept of creamy layer was introduced by the Supreme Court in the Indra Sawhney case.
2. Persons belonging to the creamy layer are excluded from OBC reservation benefits.
3. Article 16(4A) provides reservation in promotion for OBCs.

Which of the statements given above is/are correct?

(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3

Answer: (a) 1 and 2 only

Explanation:

• Statement 1 – Correct: The principle of creamy-layer exclusion was laid down in the Indra Sawhney v. Union of India (1992) judgment.
• Statement 2 – Correct: OBC persons falling within the creamy layer are excluded from OBC reservation benefits.
• Statement 3 – Incorrect: Article 16(4A) relates to reservation in promotion for SCs and STs, not OBCs.