Creamy layer
Encyclopedia
The creamy layer is a term used in Indian politics
to refer to the relatively wealthier and better educated members of the Other Backward Class
es (OBCs) who are not eligible for government sponsored educational and professional benefit programs. The term was introduced by the Sattanathan Commission in 1971, which directed that the "creamy layer" should be excluded from the reservations
(quotas) of civil posts and services granted to the OBCs.
employees, members of the armed forces
and paramilitary
personnel above the rank of colonel
, lawyer
s, chartered accountants, doctor
s, financial and management consultants, engineer
s, film artists, and authors. OBC children belonging to any family that earns a total gross annual income (from sources other than salary and agricultural land) of Rs.
450,000, as the income ceiling for the creamy layer raised from 250,000 (US$
5,500 in 1993 when the office memo was accepted) to 450,000 in October 2008, belong to the creamy layer and so are also excluded from being categorised as "socially and educationally backward" regardless of their social/educational backwardness.
stated: "by excluding those who have already attained economic well-being or educational advancement, the special benefits cannot be further extended to them and, if done so, it would be unreasonable, discriminatory or arbitrary resulting in reverse discrimination." However, this criterion is applicable only for OBCs and not for other reserved categories, Scheduled Castes and Scheduled Tribes.
The supreme court limited the extent of reservation to a maximum of 50% of the total seats. The forward community form around 12% to 46% of population in the big states of India. No official creamy layer percentage census is available at present.
The authorities competent to issue the OBC "Non-Creamy Layer" certificate are indicated below:
(i) District Magistrate / Additional Magistrate / Collector / Deputy Commissioner / Additional Deputy Commissioner / Deputy Collector / Ist Class Stipendiary Magistrate / Sub-Divisional magistrate / Taluka Magistrate / Executive Magistrate / Extra Assistant Commissioner (not below the rank of Ist Class Stipendiary Magistrate).
(ii) Chief Presidency Magistrate / Additional Chief Presidency Magistrate / Presidency Magistrate.
(iii) Revenue Officer not below the rank of Tahsildar and
(iv) Sub-Divisional Officer of the area where the candidate and/or his family resides.
Politics of India
The politics of India takes place within the framework of a federal constitutional republic, in which the President of India is head of state and the Prime Minister of India is the head of government. Executive power is exercised by the President and is independent of the legislature...
to refer to the relatively wealthier and better educated members of the Other Backward Class
Other Backward Class
The Central Government of India classifies some of its citizens based on their social and economic condition as Scheduled Caste , Scheduled Tribe , and Other Backward Class . The OBC list presented by the commission is dynamic and will change from time to time depending on social, educational and...
es (OBCs) who are not eligible for government sponsored educational and professional benefit programs. The term was introduced by the Sattanathan Commission in 1971, which directed that the "creamy layer" should be excluded from the reservations
Reservation in India
Reservation in India is a form of affirmative action designed to improve the well being of socially backward and underrepresented communities of citizens in India. There are laws in place, wherein a certain percentage of total available slots in Jobs and Education are set aside for people from...
(quotas) of civil posts and services granted to the OBCs.
Present definition
The Supreme Court defines "creamy layer" by quoting an office memorandum dated 8 September 1993. The term was originally introduced in the context of reservation of jobs for certain groups in 1992. The Supreme Court has said the benefit of reservation should not be given to OBC children (SCs, STs, and the unreserved are exempt now) of constitutional functionaries such as the president, judges of the Supreme Court and high courts, employees of central and state bureaucracies above a certain level, public sectorPublic sector
The public sector, sometimes referred to as the state sector, is a part of the state that deals with either the production, delivery and allocation of goods and services by and for the government or its citizens, whether national, regional or local/municipal.Examples of public sector activity range...
employees, members of the armed forces
Armed forces
The armed forces of a country are its government-sponsored defense, fighting forces, and organizations. They exist to further the foreign and domestic policies of their governing body, and to defend that body and the nation it represents from external aggressors. In some countries paramilitary...
and paramilitary
Paramilitary
A paramilitary is a force whose function and organization are similar to those of a professional military, but which is not considered part of a state's formal armed forces....
personnel above the rank of colonel
Colonel
Colonel , abbreviated Col or COL, is a military rank of a senior commissioned officer. It or a corresponding rank exists in most armies and in many air forces; the naval equivalent rank is generally "Captain". It is also used in some police forces and other paramilitary rank structures...
, lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s, chartered accountants, doctor
Physician
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
s, financial and management consultants, engineer
Engineer
An engineer is a professional practitioner of engineering, concerned with applying scientific knowledge, mathematics and ingenuity to develop solutions for technical problems. Engineers design materials, structures, machines and systems while considering the limitations imposed by practicality,...
s, film artists, and authors. OBC children belonging to any family that earns a total gross annual income (from sources other than salary and agricultural land) of Rs.
Indian rupee
The Indian rupee is the official currency of the Republic of India. The issuance of the currency is controlled by the Reserve Bank of India....
450,000, as the income ceiling for the creamy layer raised from 250,000 (US$
United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
5,500 in 1993 when the office memo was accepted) to 450,000 in October 2008, belong to the creamy layer and so are also excluded from being categorised as "socially and educationally backward" regardless of their social/educational backwardness.
Applications
The "creamy layer" concept is meant only for the OBCs. This concept is not applied to the scheduled castes category and scheduled tribes category. Justice K G Balakrishnan, the Chief Justice of IndiaChief Justice of India
The Chief Justice of India is the highest-ranking judge in the Supreme Court of India, and thus holds the highest judicial position in India. As well as presiding in the Supreme Court, the Chief Justice also head its administrative functions....
stated: "by excluding those who have already attained economic well-being or educational advancement, the special benefits cannot be further extended to them and, if done so, it would be unreasonable, discriminatory or arbitrary resulting in reverse discrimination." However, this criterion is applicable only for OBCs and not for other reserved categories, Scheduled Castes and Scheduled Tribes.
The supreme court limited the extent of reservation to a maximum of 50% of the total seats. The forward community form around 12% to 46% of population in the big states of India. No official creamy layer percentage census is available at present.
Exceptions
There is no mention about the concept of "creamy layer" in the Constitution, and nowhere does it proscribe any directive to exclusively discriminate OBCs. The health minister of India said: "All the leaders who work for social justice should work together to defeat the creamy layer concept."Non-creamy layer certificate
This certificate is to be produced by "non-creamy" OBCs applying against reserved vacancies for appointment to posts/admission to central educational institutions (CEIs), under the Government of India.The authorities competent to issue the OBC "Non-Creamy Layer" certificate are indicated below:
(i) District Magistrate / Additional Magistrate / Collector / Deputy Commissioner / Additional Deputy Commissioner / Deputy Collector / Ist Class Stipendiary Magistrate / Sub-Divisional magistrate / Taluka Magistrate / Executive Magistrate / Extra Assistant Commissioner (not below the rank of Ist Class Stipendiary Magistrate).
(ii) Chief Presidency Magistrate / Additional Chief Presidency Magistrate / Presidency Magistrate.
(iii) Revenue Officer not below the rank of Tahsildar and
(iv) Sub-Divisional Officer of the area where the candidate and/or his family resides.