- August 25, 2021
- Posted by: admin1
- Category: DPN Topics
Subject – Polity
Context – The Supreme Court on Tuesday held that economic criterion should not be the sole basis to identify sections of backward communities as ‘creamy layer’.
- Based on the recommendation of the Second Backward Classes Commission (Mandal Commission), the government in August, 1990 had notified 27% reservation for Socially and Educationally Backward Classes (SEBCs) in vacancies in civil posts and services that are to be filled on direct recruitment.
- After this was challenged, the Supreme Court in November, 1992 (Indira Sawhney case)upheld 27% reservation for OBCs, subject to exclusion of the creamy layer.
- While there is a 27% quota for OBCs in government jobs and higher educational institutions, those falling within the “creamy layer”(various categories based on income and parents’ rank) cannot get the benefits of this quota.
- The Supreme Court on Tuesday held that economic criterion should not be the sole basis to identify sections of backward communities as ‘creamy layer’.
- Social advancement, higher employment in government services, etc played an equal role in deciding whether a person belonged to the creamy layer and could be denied quota benefits.
- The court had illustrated that ‘creamy layer’ would include “persons from backward classes who occupied posts in higher services like IAS, IPS and All India Services had reached a higher level of social advancement and economic status, and therefore, were not entitled to be treated as backward”.