The term 'creamy layer' refers to the relatively affluent and educated members within disadvantaged groups who are excluded from specific affirmative action benefits. Currently, this concept is primarily applied to Other Backward Classes (OBCs) in India.
On August 1, 2024, a seven-judge bench of the Supreme Court deliberated on extending the 'creamy layer' concept to Scheduled Castes (SCs) and Scheduled Tribes (STs).
The rationale for these suggestions is to ensure that benefits are directed towards the most disadvantaged individuals within these communities, thereby promoting genuine equality as envisioned in the Constitution.
The 'creamy layer' concept was introduced following the Supreme Court's landmark 1992 judgment in the Indra Sawhney case, commonly known as the Mandal Commission case.
As of now, all members of SC and ST communities qualify for reservation benefits, irrespective of their economic status, due to historical social and economic disadvantages.
If the Supreme Court's suggestions are implemented, it could significantly alter how reservation benefits are allocated among SC and ST communities, potentially excluding wealthier members.
This proposal has sparked renewed discussions about balancing the need to address historical injustices with the imperative to ensure equitable benefit distribution within disadvantaged communities.
Though these suggestions stem from individual judges, they hold the potential to influence future policy decisions or legal interpretations regarding reservation policies in India. This development signifies a potential shift in India's affirmative action strategies, aiming to refine the system to better support those most in need within historically marginalized communities.
Q1. What does the term 'creamy layer' mean in the context of Indian reservations?
Answer: The 'creamy layer' refers to the more affluent and educated members of disadvantaged groups who are excluded from specific affirmative action benefits in India.
Q2. Why did the Supreme Court consider extending the creamy layer concept to SCs and STs?
Answer: The Supreme Court aimed to ensure that reservation benefits reach the most disadvantaged individuals within SCs and STs, promoting equality as per the Constitution.
Q3. What are the current criteria for determining the creamy layer among OBCs?
Answer: Criteria include an annual family income above Rs 8 lakh, children of high-ranking officials, and families with substantial agricultural land.
Q4. What historical context led to the introduction of the creamy layer concept?
Answer: The creamy layer concept was established following the Supreme Court's 1992 judgment in the Indra Sawhney case, aimed at refining reservation policies.
Q5. How might the potential changes affect SCs and STs?
Answer: If implemented, the changes could limit reservation benefits for wealthier individuals within SC and ST communities, ensuring support for those truly in need.
Question 1: What does the 'creamy layer' concept refer to?
A) The most disadvantaged members of a community
B) Wealthy members of disadvantaged groups
C) All SC/ST members
D) None of the above
Correct Answer: B
Question 2: Which communities are currently considered under the creamy layer concept in India?
A) SCs and STs
B) OBCs
C) All disadvantaged groups
D) None of the above
Correct Answer: B
Question 3: What was the landmark case that introduced the creamy layer concept?
A) Vishaka case
B) Indra Sawhney case
C) Minerva Mills case
D) None of the above
Correct Answer: B
Question 4: What is one of the criteria for identifying the creamy layer among OBCs?
A) Annual income below Rs 8 lakh
B) Children of government employees
C) Annual income above Rs 8 lakh
D) None of the above
Correct Answer: C
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