Creamy layer

The creamy layer is a term used in Indian politics to refer to the relatively wealthier and better educated members of the Other Backward Classes (OBCs) who are not eligible for government sponsored educational and professional benefit programs. The term was introduced by the Sattanathan Commission in 1971, which directed that the "creamy layer" should be excluded from the reservations (quotas) of civil posts and services granted to the OBCs.

Present definition

The Supreme Court defines "creamy layer" by quoting an office memorandum dated 8 September 1993.^[1] The term was originally introduced in the context of reservation of jobs for certain groups in 1992. The Supreme Court has said the benefit of reservation should not be given to OBC children (SCs, STs, and the unreserved are exempt now) of constitutional functionaries such as the president, judges of the Supreme Court and high courts, employees of central and state bureaucracies above a certain level, public sector employees, members of the armed forces and paramilitary personnel above the rank of colonel, lawyers, chartered accountants, doctors, financial and management consultants, engineers, film artists, and authors. OBC children belonging to any family that earns a total gross annual income (from sources other than salary and agricultural land^[2]) of Rs. 450,000, as the income ceiling for the creamy layer raised from 250,000 (US$ 5,500 in 1993 when the office memo was accepted) to 450,000 in October 2008, belong to the creamy layer and so are also excluded from being categorised as "socially and educationally backward" regardless of their social/educational backwardness.^[3]

Applications

The "creamy layer" concept is meant only for the OBCs. This concept is not applied to the scheduled castes category and scheduled tribes category. Justice K G Balakrishnan, the Chief Justice of India stated: "by excluding those who have already attained economic well-being or educational advancement, the special benefits cannot be further extended to them and, if done so, it would be unreasonable, discriminatory or arbitrary resulting in reverse discrimination."^[1] However, this criterion is applicable only for OBCs and not for other reserved categories, Scheduled Castes and Scheduled Tribes.

The supreme court limited the extent of reservation to a maximum of 50% of the total seats. The forward community form around 12% to 46% of population in the big states of India. No official creamy layer percentage census is available at present.

Exceptions

There is no mention about the concept of "creamy layer" in the Constitution, and nowhere does it proscribe any directive to exclusively discriminate OBCs. The health minister of India said: "All the leaders who work for social justice should work together to defeat the creamy layer concept."^[4]

Non-creamy layer certificate

This certificate is to be produced by "non-creamy" OBCs applying against reserved vacancies for appointment to posts/admission to central educational institutions (CEIs), under the Government of India.

The authorities competent to issue the OBC "Non-Creamy Layer" certificate are indicated below:
(i) District Magistrate / Additional Magistrate / Collector / Deputy Commissioner / Additional Deputy Commissioner / Deputy Collector / Ist Class Stipendiary Magistrate / Sub-Divisional magistrate / Taluka Magistrate / Executive Magistrate / Extra Assistant Commissioner (not below the rank of Ist Class Stipendiary Magistrate).
(ii) Chief Presidency Magistrate / Additional Chief Presidency Magistrate / Presidency Magistrate.
(iii) Revenue Officer not below the rank of Tahsildar and
(iv) Sub-Divisional Officer of the area where the candidate and/or his family resides.

See also

• Indian caste system

References

1. ^ ^{a b} [1]
2. ^ [2]
3. ^ [3]
4. ^ [4]

External links

• Creamy layer criteria dated 08.09.1993 by NCBC NewDelhi
• Central Creamy layer criteria 08.09.1993, clarifications 14.10.2004, 4.50 lakhs OM