Creamy layer

From Wikipedia, the free 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 Classes (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.

Classification

The Supreme Court defines "creamy layer" by quoting an office memorandum dated 8 September 1993.[1] 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 sector employees, members of the armed forces and paramilitary personnel above the rank of colonel.

The children of persons engaged in trade, industry and professions such as a doctor, lawyer, chartered accountant, income tax consultant, financial or management consultant, dental surgeon, engineer, architect, computer specialist, film artists and other film professional, author, playwright, sports person, sports professional, media professional or any other vocations of like status whose annual income is more than INR 6,00,000 for a period of three consecutive years.[2] OBC children belonging to any family that earns a total gross annual income (from sources other than salary and agricultural land[3]) of INR 6,00,000 for a period of three consecutive years, as the income ceiling for the creamy layer raised from INR1,00,000 (in 1993 when the office memo was accepted) to INR 6,00,000(for a period of three consecutive years) in May 2013, belong to the creamy layer and so are also excluded from being categorised as "socially and educationally backward" regardless of their social/educational backwardness.[4]

Misinterpretation

Most of the people in India misunderstand the concept of creamy layer.[citation needed] Points that are commonly misunderstood include:

  1. The creamy layer category of the candidate is decided on the parent's post/income but not by the candidate's own post/income.

Actually the truth is that in the whole lifetime, creamy layer category of the candidate is decided on parent's income. It can be verified from this site http://obcguru.com/.

Correction- It is not correct see the creamy layer criteria dated 08.09.1993 & Hindi version of 14.10.2008, specially the Explanation of Category VI that “Income from salaries or agricultural land shall not be clubbed” "वेतन अथवा कृषि भूमि से प्राप्त आय को नहीं जोड़ा जायेगा।". Accordingly the creamy layer status of a candidate (even for married lady) for whole lifetime is decided by parent’s post / agricultural land / income in following manner. (1) For Government Servant parents---- by post / class (2) for farmer parents---- by land holding (3) for businessmen parents---- by annual income.

  1. Eligibility regarding civil service roles is only based on the level he/she is in, but not by the salary they earn.The truth is that it depends only on the salary.

Correction- It is not correct see the creamy layer criteria dated 08.09.1993 & Hindi version of 14.10.2008, specially the Explanation of Category VI that “Income from salaries or agricultural land shall not be clubbed” "वेतन अथवा कृषि भूमि से प्राप्त आय को नहीं जोड़ा जायेगा।". Accordingly the creamy layer status of a candidate is decided by parent’s post / class if they are Government Servant as per Category II A (b), B (a) & (b) & III of creamy layer criteria dated 08.09.1993 and never by salary income.

  1. INR 6,00,000 criteria will be applied only to business people but not to salaried people even if he/she is a salaried employee in the government/PSU/public organizations.The truth is that it applies to every people irrespective of profession.

Correction- It is not correct see the creamy layer criteria dated 08.09.1993 & Hindi version of 14.10.2008, specially the Explanation of Category VI that “Income from salaries or agricultural land shall not be clubbed” "वेतन अथवा कृषि भूमि से प्राप्त आय को नहीं जोड़ा जायेगा।". Accordingly the creamy layer status of a candidate (even for married lady) for whole lifetime is decided by parent’s post / agricultural land / income in following manner. (1) For Government Servant parents---- by post / class (2) for farmer parents---- by land holding (3) for businessmen parents---- by annual income.

  1. Business people's children will fall under the creamy layer only if they earn INR 6,00,000 for a period of three consecutive years.[5]

Accordingly if the annual income from business source is less then Rs. 6 lakhs for any one of the last three years children are non creamy layer. Example: If the annual income form business for last three financial years is Rs. 4 lakhs, Rs. 1 crore and Rs. 2 crores even then children are non creamy layer.

Applications

The "creamy layer" concept is currently meant only for the OBCs. This concept is currently not applied to the scheduled castes category and scheduled tribes category.

There are numerous valid reasons for enforcing creamy layer restriction on reservation for scheduled castes category and scheduled tribes category, chief among them being the upliftment of the poor and deprived people in the scheduled castes category and scheduled tribes category rather than the rich people in those categories. The reservations for SC/ST are not for their economical benefits but for their social upliftment, and because of which the state cannot impose creamy layer concept in the case of SC/ST, because it is not just their economic upliftment which the state is trying to achieve but mainly their social upliftment. Which is why imposing the creamy layer on the SC/ST will defeat the sole purpose of social upliftment and defeat the provisions of the constitution.

Non-creamy layer certificate

This certificate is to be produced by "non-creamy" OBCs applying against reserved vacancies for appointment to paarrradmission to central educational institutions (CEIs), under the Government of India.

The authorities competent to issue the OBC "Non-Creamy Layer" certificate are:

  1. 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).
  2. Chief Presidency Magistrate / Additional Chief Presidency Magistrate / Presidency Magistrate.
  3. Revenue Officer not below the rank of Tahsildar and
  4. Sub-Divisional Officer of the area where the candidate and/or his family resides.

See also

  • Indian caste system

References

  1. ↑ Front Page : Caste can be the basis to determine backwardness, rules Supreme Court. The Hindu. Retrieved on 2011-12-18.
  2. ↑ <official govt site - National Commission for Backward Classes >
  3. ↑ Office Memorandum. Government of India. Ministry of Personnel, Public Grievances & Pensions. Department of Personnel & Training. New Delhi, dated 14 October 2008
  4. ↑ SC definition is set to kick up more dust. But there's trouble over creamy layer. Business Standard. New Delhi. 11 April 2008 The Congress-led government has tried to reach out to Other Backward Communities (OBCs) by drastically relaxing the definition of 'creamy layer' and including those with an annual income of INR12 lakh in metros eligible for job reservations. The eligibility level in non-metros will be an annual income of INR 9 lakh.
  5. ↑ http://www.obcguru.com/uploads/Central_OBC_creamy_layer_criteria_dt_08.09.1993_copy_recievrd_from_DOPT.pdf

External links

History
Terms
Commissions
Organisations
Lists

–––

This article is issued from Wikipedia. The text is available under the Creative Commons Attribution/Share Alike; additional terms may apply for the media files.