The Principles And Rationale For Determining The Creamy Layer For The Other Backward Classes In India

Authors

DOI:

https://doi.org/10.53724/lrd/v6n3.04

Keywords:

Affirmative Action,

concept of creamy layer,

, factors determining creamy layer,

changes in parameter of creamy layer,

Jurisdiction

Abstract

The exemption of the creamy layer from quota benefits is a constitutional obligation that must be adhered to by the government. “The Mandal Committee was founded by former Prime Minister Morarji Desai’s administration with the remit to “recognize the socially or educationally disadvantaged.” It was chaired by legislator Bindheshwari Prasad Mandal and was charged with examining the issue of seat reservations and quotas for people to remedy caste prejudice. The commission's report affirmed the affirmative action practice established under Indian law, under which members of lower castes (referred to as “Other Backward Classes” and “Scheduled Castes and Tribes”) were granted preferential access to a certain percentage of public service jobs and admission to state colleges, and suggested raising these quotas by twenty seven to forty nine point five percent, but leaving the creamy layer out of the review of reservations would be contradictory to deny the legitimacy of the “creamy layer” concept in other domains of application after its validity has been established in the provision of the constitution as well as many judicial decisions. As a result, putting the appeal of this principle to the test becomes crucial.

Metrics

Metrics Loading ...

References

Alex Andrews George: OBC Reservation Eligibility – Do you come under the Non-Creamy Layer?: Published on 04th Feb. 2022, visited 20th Feb. 2022: https://www.clearias.com/obc-reservation-eligibility/

Marc Galanter: The “Compensatory Discrimination'” Theme in The Indian Commitment To Human Rights: India International Centre Quarterly, Vol. 13, No. 3/4, The Right To Be Human (December 1986), pp. 77-94 (18 pages) Published By: India International Centre.

Shyamlal Yadav: Explained: How creamy layer among OBCs is determined; why its revision is stuck: The Indian Express: Published on 07th August 2021, visited 15th Jan 2022:https://indianexpress.com/article/explained/creamy-layer-obc-reservation-quota-7430996/

Ibid.

Shyamlal Yadav: Explained: How creamy layer among OBCs is determined; why its revision is stuck: The Indian Express: Published on 07th August 2021, visited 15th Jan 2022:https://indianexpress.com/article/explained/creamy-layer-obc-reservation-quota-7430996/

Ibid

DOPT OMs & Orders: Published on 27th May 2013, Visited 02nd Feb. 2022 http://www.ncbc.nic.in/Writereaddata/dopteng.pdf

Annual report 2013-14: https://dopt.gov.in/sites/default/files/AR2013_2014%28Eng%29.pdf

AIR 1993 SC 477.

Archis Mohan: 10% quota for poor in general category: Rao failed, will Modi succeed?: Published on 08th January 2019, Visited on 20th January 2022: https://www.business-standard.com/article/economy-policy/10-quota-for-poor-in-general-category-rao-failed-will-modi-succeed-119010800052_1.html

Ibid.

AIR 1993 SC 477.

Writ Petition (civil) 61 of 2002.

The Constitution of India.

AIR 1993 SC 477.

Civil Appeal No. 629 of 2022.

AIR 1993 SC 477.

Ibid.

Civil Appeal No. 629 of 2022.

ci

Published

30-03-2022

Dimensions

How to Cite

Garima Rathore. (2022). The Principles And Rationale For Determining The Creamy Layer For The Other Backward Classes In India. Legal Research Development: An International Refereed E-Journal ISSN: 2456-3870, 6(III), 08–10. https://doi.org/10.53724/lrd/v6n3.04