Anomalies in Implementation of the ‘Creamy Layer’ Segment in the Realisation of Benefits under Reservation Policies in India

Abstract

The term ‘creamy layer’ comprises of socially advanced persons amongst the socially and educationally backward classes in India, for purposes of exclusion from reservation in the public services and education sectors. The Office Memorandum of 1993 classifies backward classes into two groups - Group A and B, for the purpose of identifying the creamy layer in the government sector, while those in other sectors are subject to a ceiling of wealth and annual income. This paper analyses two discriminatory practices relating to the implementation of the creamy layer in India. Firstly, the inequities between posts in public sector undertakings (PSU), banks, etc. visà-vis the government posts embedded in the creamy layer criteria. This has resulted in a denial of jobs in the civil services to candidates from Other Backward Classes, whose parents are employed in public sector undertakings. This anomaly needs to be rectified by the Ministry of Social Justice and Empowerment. Secondly, the non-application of the creamy layer to the affluent SC and STs while giving them reservation in promotions as corrected by the Supreme Court in the M. Nagaraj judgment. This has set right the existing anomaly and the government needs to retract its review petition in the Supreme Court