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Economic criterion not sole basis for Creamy Layer

  Sep 21, 2021

Economic criterion not sole basis for Creamy Layer

Q Why is it in News ?

A The basis of exclusion of ‘creamy layer’ cannot be merely economic, a Supreme Court Bench has observed in their judgment, while referring to the court’s Indra Sawhney verdict of 1992.

Q What was the case?

Q What are Key takeaways from the Judgement ? 

Q  What was  Indra Sawhney Verdict (1992) regarding Creamy Layer ? 

Q Who else would be excluded from such reservation?

Q What is the Creamy Layer?

Basis of Creamy Layer

Q  How is it determined?

  1. For those not in government, the current threshold is an income of Rs 8 lakh per year.
  2. For children of government employees, the threshold is based on their parents’ rank and not income.
  3. For instance, an individual is considered to fall within the creamy layer if either of his or her parents is in a constitutional post; if either parent has been directly recruited in Group-A; or if both parents are in Group-B services.
  4. If the parents enter Group-A through promotion before the age of 40, their children will be in the creamy layer.
  5. Children of a Colonel or higher-ranked officer in the Army, and children of officers of similar ranks in the Navy and Air Force, too, come under the creamy layer.
  6. Income from salaries or agricultural land is not clubbed while determining the creamy layer (2004).

Q What is Indira Sawhney Case and what was its verdict  ? 

In the famous Mandal case (Indra Sawhney Case, 1992), the scope and extent of Article 16(4), which provides for reservation of jobs in favour of backward classes, has been examined thoroughly by the Supreme Court.