SC/ST no creamy but for OBC
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Free Thinker
A few days back the Apex Court said there should be a creamy layer for SC and ST in their reservation. The Court calls for the exclusion of SC/ST creamy layer from the quota system. Instantly the Union Government seemingly turns it down saying that there is no such provision for creamy layer in SC/ST in Baba’s Constitution ( Baba means Dr.Ambedkar).
The SC and ST leaders met the PM to decline the Supreme Court ruling. Actually I haven’t gone through the full judgment. So I am not sure whether the Court’s opinion is part of the final verdict or simply obiter dicta (passing reference). From the newspaper reports it appears that it is part of the verdict. If it is part of the ruling – certainly it becomes part of the law of the land.
The newspaper report says “a seven judge Constitution Bench of Supreme Court, in a landmark majority verdict , ruled that SC do not constitute a socially homogeneous class and can be sub-classify by States for the purpose of providing reservation to the less privileged among them ; and 4 judges out of 7 emphasized on the exclusion of creamy layer from the SC/ST reservation.”
The Prime Minister responded on X , that “Met a delegation of SC/ST Members of Parliament . Reiterated our commitment and resolved for the welfare and empowerment of the SC/ST communities.” It seems the CEO has endorsed the feelings of the delegation of SC /ST Members of Parliament – who do not believe in the idea of creamy layer.
One well educated Union Minister says , “this government is committed to the Constitutional provisions given by Babasaheb Bhim Rao Ambedkar. There is no provision of creamy layer in the Constitution. The Cabinet decision is that SC/ST reservation will be provided as per the Constitution “.The Law Minister also maintains inside the Parliament that the creamy layer principle was not part of the Supreme Court’s recent judgment on sub-categorization within the SC quota. But Justice BR Gavai had stated that States must evolve a policy for identifying the creamy layer even among the SCs and STs and exclude them from the quota system.
We appreciate the stand of the Union Cabinet that there should not be any creamy layer among the SCs and STs despite the honorable Supreme Court’s opinion. If there is any conflict between the Legislature and Judiciary – it must be sorted out beautifully as early as possible. ‘Shah Bano’ must be treated as an exception.
Now the idea of a creamy layer for OBC is tricky. I really don’t understand why we are following it. OBC means OBC – what is this discrimination and distinction among the OBCs. There can’t be any creamy layer for SC and ST – because it is not mentioned in the Constitution. Then why this creamy layer for OBC – nowhere in the Constitution it is mentioned that there must be a creamy layer in OBC. If I am not wrong even OBC is not categorically mentioned in Baba’s original Constitution.
The creamy layer of OBC based on – parent’s income, service, job etc., sounds unreasonable. Having an annual income of 8 lac falls in the category of creamy layer ( even an assistant earns more than that in a year) . What is so creamy about it? Sons and daughters of the Gazetted officers are not part of the reservation system . What about the poor children of our former lawmakers? They just get some pension which is not enough to run their family – if their children are well established. Once their term is over they become over-dependent on others. We are depriving their children from BOC reservation – categorizing them as creamy or elite among the Backwards. This is not done.
You see, our top leader is from the OBC community. He has no income other than his salary, no property, no other resources; his bank account is almost ‘khali’ because he has the bad habit of donating it to the poor people. Being in the creamy layer he and his family are excluded from all facilities and amenities given to the OBCs . Even his children will be deprived of any reservation benefits. Thank God he has none.
OBC MLA’s or MP’s children are not getting the benefits of reservation because they belong to the creamy layer. Even if they become ‘Ex’ their children will still be out of the ambit of reservation. The worst part or the most unbearable part is that the children of former MPs or MLAs, former Gazetted officers are not eligible to enjoy even a fraction of OBC reservation, i.e., even in admissions. Income limit is again notorious ( 8 lac limit is rather comical for a 3 trillion economy ).
My ultimate and final point is that since the Government of Bharat does not believe in the idea of creamy layer neither for SC nor for ST - then why does the same redundant idea continue with the Other Backward Classes. Backward means backward. Who is creamy among the backwards sounds paradoxical? So, it is high time to do away with this creamy business for OBCs too.
A few days back the Apex Court said there should be a creamy layer for SC and ST in their reservation. The Court calls for the exclusion of SC/ST creamy layer from the quota system. Instantly the Union Government seemingly turns it down saying that there is no such provision for creamy layer in SC/ST in Baba’s Constitution ( Baba means Dr.Ambedkar).
The SC and ST leaders met the PM to decline the Supreme Court ruling. Actually I haven’t gone through the full judgment. So I am not sure whether the Court’s opinion is part of the final verdict or simply obiter dicta (passing reference). From the newspaper reports it appears that it is part of the verdict. If it is part of the ruling – certainly it becomes part of the law of the land.
The newspaper report says “a seven judge Constitution Bench of Supreme Court, in a landmark majority verdict , ruled that SC do not constitute a socially homogeneous class and can be sub-classify by States for the purpose of providing reservation to the less privileged among them ; and 4 judges out of 7 emphasized on the exclusion of creamy layer from the SC/ST reservation.”
The Prime Minister responded on X , that “Met a delegation of SC/ST Members of Parliament . Reiterated our commitment and resolved for the welfare and empowerment of the SC/ST communities.” It seems the CEO has endorsed the feelings of the delegation of SC /ST Members of Parliament – who do not believe in the idea of creamy layer.
One well educated Union Minister says , “this government is committed to the Constitutional provisions given by Babasaheb Bhim Rao Ambedkar. There is no provision of creamy layer in the Constitution. The Cabinet decision is that SC/ST reservation will be provided as per the Constitution “.The Law Minister also maintains inside the Parliament that the creamy layer principle was not part of the Supreme Court’s recent judgment on sub-categorization within the SC quota. But Justice BR Gavai had stated that States must evolve a policy for identifying the creamy layer even among the SCs and STs and exclude them from the quota system.
We appreciate the stand of the Union Cabinet that there should not be any creamy layer among the SCs and STs despite the honorable Supreme Court’s opinion. If there is any conflict between the Legislature and Judiciary – it must be sorted out beautifully as early as possible. ‘Shah Bano’ must be treated as an exception.
Now the idea of a creamy layer for OBC is tricky. I really don’t understand why we are following it. OBC means OBC – what is this discrimination and distinction among the OBCs. There can’t be any creamy layer for SC and ST – because it is not mentioned in the Constitution. Then why this creamy layer for OBC – nowhere in the Constitution it is mentioned that there must be a creamy layer in OBC. If I am not wrong even OBC is not categorically mentioned in Baba’s original Constitution.
The creamy layer of OBC based on – parent’s income, service, job etc., sounds unreasonable. Having an annual income of 8 lac falls in the category of creamy layer ( even an assistant earns more than that in a year) . What is so creamy about it? Sons and daughters of the Gazetted officers are not part of the reservation system . What about the poor children of our former lawmakers? They just get some pension which is not enough to run their family – if their children are well established. Once their term is over they become over-dependent on others. We are depriving their children from BOC reservation – categorizing them as creamy or elite among the Backwards. This is not done.
You see, our top leader is from the OBC community. He has no income other than his salary, no property, no other resources; his bank account is almost ‘khali’ because he has the bad habit of donating it to the poor people. Being in the creamy layer he and his family are excluded from all facilities and amenities given to the OBCs . Even his children will be deprived of any reservation benefits. Thank God he has none.
OBC MLA’s or MP’s children are not getting the benefits of reservation because they belong to the creamy layer. Even if they become ‘Ex’ their children will still be out of the ambit of reservation. The worst part or the most unbearable part is that the children of former MPs or MLAs, former Gazetted officers are not eligible to enjoy even a fraction of OBC reservation, i.e., even in admissions. Income limit is again notorious ( 8 lac limit is rather comical for a 3 trillion economy ).
My ultimate and final point is that since the Government of Bharat does not believe in the idea of creamy layer neither for SC nor for ST - then why does the same redundant idea continue with the Other Backward Classes. Backward means backward. Who is creamy among the backwards sounds paradoxical? So, it is high time to do away with this creamy business for OBCs too.