Why in the News?
The government is considering measures to ensure uniform application of the ‘creamy layer’ condition in OBC reservations across central and state government jobs, public sector enterprises, universities, and autonomous bodies.
About the Concept of Creamy Layer:
- Origin: Emerged from Indra Sawhney vs Union of India (1992); excluded affluent Other Backward Class (OBC) groups from reservations.
- 1993 DoPT Rules: Defined creamy layer – children of Group A/Class I officers, early-promoted officials, Group B parents, senior armed forces, high constitutional functionaries, professionals, traders, and large landowners.
- Income Criteria:
- Ceiling: ₹1 lakh in 1993, revised to ₹8 lakh in 2017.
- Exclusions: Salary and agricultural income not counted.
2004 Clarification & Implementation Issues:
- Clarification: DoPT directed separate assessment of salary and other income (except agriculture).
- Rule: If either exceeded limit (₹2.5 lakh then) for 3 consecutive years → creamy layer.
- Problem: Poor enforcement (2004–14) due to political sensitivities; stricter checks after 2014.
- Impact: Between CSE 2015–23, over 100 OBC caste certificates rejected under new interpretations.
Equivalence Efforts:
- Consultations: Involved Social Justice, Education, Law, Labour Ministries, DoPT, NITI Aayog, NCBC.
- Goal: Standardise creamy layer rules across universities, Public Sector Undertakings (PSUs), and autonomous bodies.
- Proposal: Retrospective relief suggested by Home Minister Amit Shah and NCBC.
Key Proposals Under Consideration:
- University Teachers: Salaries start at Group A-equivalent → children to be creamy layer.
- Autonomous Bodies: Posts aligned with central pay scales.
- Non-Teaching Staff: Categorisation based on equivalence with government jobs.
- PSU Executives: Already included since 2017; those ≤₹8 lakh excluded.
- Aided Institutions: Staff categorised based on parity with govt. employees.
Likely Beneficiaries:
- Lower Govt. Staff: Children of employees earning just above ₹8 lakh gain most.
- Correction of Anomalies: Ensures parity between teachers and aided staff.
- State PSU Issues: Fixes cases like fuel pump attendants in PSUs being declared creamy layer.
- Private Sector: No change; creamy layer based only on income/wealth criteria.
| [UPSC 2023] Consider the following organizations/bodies in India:
1. The National Commission for Backward Classes 2. The National Human Rights Commission 3. The National Law Commission 4. The National Consumer Disputes Redressal Commission How many of the above are constitutional bodies? Options: (a) Only one *(b) Only two (c) Only three (d) All four |
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