The landmark judgment pronounced by the Supreme Court of India upholding the provision of 27 % reservation for the OBCs, provided by the Government of India in the Central Educational Institutions (Reservation in Admission) Act, 2006, for the so-called other backward castes, in Central Educational Institutions, has racked up a new controversy and it is gaining ground gradually, putting the Indian Government in its latest dilemma.
The Supreme Court of India while approving the 27 % reservation for OBCs, has clearly and categorically excluded the ‘Creamy Layer’, meaning economically better off among the OBCs, from the ambit of reservation.
While all the judges of the Supreme Court favoured the periodical review of the 27 % quota for every five years, they held that the OBCs cannot take advantage of 27 % quota if they are economically advanced. The Government should use the 1993 memorandum for identifying the creamy layer, which says, a person having annual gross income of 2.5 lakhs or more should be excluded from the benefits of reservation.
The Chief Justice Balakrishnan said that if the creamy layer principle is not applied, it could easily be said that all the castes that have been included among the socially and educationally backward classes(SEBC)have been included exclusively on the basis of the castes.
Justice Arijit Passayat said that unless creamy layer is removed OBCs cannot exercise their group right
The Chief Justice Balakrishnan also said that one of the main criteria for determining the SEBC is poverty and therefore the principle of exclusion of creamy layer is necessary.
In sum, the creamy-layer inclusion violates the right to equality according to Justices Passayat and Thakkur. They rejected the Centre’s contention that creamy layer should be included to ensure that enough qualified candidates fill 27 % seats reserved for OBCs.
Justice R.V.Raveendran said that failure to exclude creamy layer would render the quota law unconstitutional.The act is valid if definition of OBC is clarified.
Above all what Mr.Justice Passayat said about the creamy layer is most relevant and strongly supports the case of the exclusion of the creamy layer from the ambit of the 27 % reservation meant for OBCs. ‘If a survey is made with reference to families in various castes considered to be SEBC, about the benefits of preferred treatment, it would unmistakably show that benefits of reservations are snatched away by the creamy layer of the backward classes. This has to be avoided at any cost’
Therefore, the Supreme Court of India on the one hand upholding the 27 % reservation for OBCs, on the other hand, rightly excluded and also justified the exclusion of ‘Creamy Layer’ from the purview of 27% reservation meant for OBCs.
However, a public opinion is gradually gaining ground especially among the political circles, against the exclusion of ‘creamy layer’ from the purview of the 27 % reservation for OBCs. Therefore, the Central Government has proposed to convene an emergent cabinet meeting, to discuss the Supreme Court’s land mark judgment along with the issue of creamy layer.
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