On reservations and the OBC creamy layer
Context
The allotment of Indian Administrative Service (IAS) to Puja Khedkar as an Other Backward Class (OBC) Non-Creamy Layer (NCL) candidate, who also has multiple disabilities, has brought to light significant issues regarding the creamy layer concept in OBC reservations.
- This situation underscores broader concerns about the implementation and fairness of the reservation system in India.
Relevance:
GS-02 (Polity)
Dimensions of the Article:
- What is the Issue?
- What is the History of Reservation?
- What is the Creamy Layer?
What is the Issue?
- The controversy surrounding Puja Khedkar’s IAS allotment highlights several inadequacies and potential loopholes in the reservation process for OBC candidates.
- Allegations have surfaced that some applicants may secure NCL or Economically Weaker Section (EWS) certificates through dubious means.
- Similar concerns exist regarding disability certificates, which are required to avail benefits under the 4% reservation for persons with disabilities in central government jobs. Moreover, there are claims that applicants and their families might manipulate their financial statuses to bypass the creamy layer exclusion, such as through asset gifting or premature retirement.
- The concentration of reservation benefits is another contentious issue. The Rohini Commission has found that a mere 25% of OBC castes/sub-castes account for 97% of reserved jobs and educational seats, leaving many communities underrepresented or not represented at all. Similar patterns of benefit concentration are evident among Scheduled Castes (SC) and Scheduled Tribes (ST), which do not have a creamy layer exclusion.
What is the History of Reservation?
- The Indian Constitution, through Articles 15 and 16, guarantees equality to all citizens in governmental policies and public employment. These articles also enable special provisions for the advancement of socially and educationally backward classes (OBC), SC, and ST to achieve social justice.
- Reservations for SC and ST are set at 15% and 7.5%, respectively, in central government jobs, educational institutions, and public sector undertakings (PSUs).
- In 1990, under Prime Minister V.P. Singh, a 27% reservation for OBCs was implemented in central government employment, based on the Mandal Commission’s 1980 recommendations.
- In 2005, reservations were extended to educational institutions, including private ones. In 2019, a 10% reservation was introduced for the EWS among the unreserved category.
What is the Creamy Layer?
- The concept of the creamy layer was established to ensure that the benefits of reservation for OBCs reach the genuinely disadvantaged.
- The Supreme Court upheld the 27% OBC reservation in the Indra Sawhney case (1992) but introduced the creamy layer concept to exclude the wealthier and more privileged members of the OBC community.
- The creamy layer criteria are based on recommendations from the Justice Ram Nandan Prasad Committee (1993), primarily focusing on the position and income of an applicant’s parents.
- An individual falls into the creamy layer if their parents’ income, excluding salary and agricultural income, exceeds ₹8 lakh per year over the last three consecutive financial years.
- Additionally, individuals are considered part of the creamy layer if either parent is a Group A/Class I officer, both parents are Group B/Class II officers, or one parent is a Group B/Class II officer promoted to Group A/Class I before the age of 40. Parents employed in managerial positions in PSUs or holding constitutional posts also place their children in the creamy layer.
Way Forward
Addressing the issues surrounding reservation requires a multifaceted approach:
- Strengthening Verification Processes: There must be rigorous scrutiny of NCL, EWS, and disability certificates to ensure only eligible applicants benefit. This includes establishing more transparent and stringent verification mechanisms to prevent fraud and manipulation.
- Filling Reserved Vacancies: The government should ensure that vacancies for reserved categories are filled promptly, without allowing backlogs to accumulate. This could involve targeted recruitment drives and incentives for hiring in reserved categories.
- Sub-Categorization of OBC Reservations: Implementing sub-categorization within the OBC reservation system can address the underrepresentation of certain communities. This approach would ensure a more equitable distribution of benefits among the various OBC groups.
- Considering Creamy Layer Exclusion for SC/ST: Introducing a creamy layer exclusion for SC and ST categories, particularly for the children of Group A/Class I government officials, could be considered. While this is a sensitive issue with valid arguments on both sides, initiating a discussion with all stakeholders could lead to a more equitable system.
- Monitoring and Evaluation: Regular monitoring and evaluation of the reservation policies and their implementation are crucial. This involves collecting data, assessing the impact of reservations, and making necessary adjustments based on findings.
- Awareness and Education: Educating the public about the criteria and purpose of reservations can help prevent misuse and ensure that the benefits reach the intended recipients. This includes campaigns to raise awareness about the creamy layer criteria and the importance of accurate documentation.
Conclusion
The issues surrounding the creamy layer in OBC reservations highlight the need for comprehensive reforms to ensure fairness and equity in the reservation system. By addressing verification processes, filling reserved vacancies, considering sub-categorization, and initiating discussions on creamy layer exclusions for SC/ST, India can move towards a more just and effective reservation policy. This approach will help ensure that the benefits of reservations reach the most marginalized and underprivileged sections of society, promoting social justice and equality.
