Creamy Layer (Polity)
Creamy Layer (Polity)
The Department of Personnel and Training has moved the Supreme Court seeking clarification on how the Court’s judgment of 11 March 2026 on creamy layer determination should be applied to the Civil Services Examination cycles of 2025 and 2026.
Creamy Layer Doctrine
The Second Backward Classes Commission (1979), chaired by B. P. Mandal, submitted its report in 1980 and recommended 27% reservation for OBCs in cental government services.
In Indra Sawhney v. Union of India (1992), a nine-judge bench of the Supreme Court upheld the 27% OBC quota, but laid down three critical principles:
Creamy layer must be excluded,
Total reservation should not exceed 50 per cent
Reservation in promotions was not permissible for OBCs.
How the Creamy Layer is Determined
Exclusion operates through a schedule of categories, not income alone.
Constitutional & service posts: Children of persons holding specified constitutional posts and Group A/Class I services are generally excluded, with specific rules for Group B/Class II.
Other categories: Includes armed forces officers (Colonel and above), professionals/businesspersons and certain property holders.
Income/wealth test:Category VI applies an income/wealth criterion for creamy-layer exclusion.
The income ceiling for Category VI has been revised progressively: Rs 1 lakh (1993), Rs 2.5 lakh (2004), Rs 4.5 lakh (2008), Rs 6 lakh (2013) and Rs 8 lakh (2017).
Constitutional and Statutory Framework
Article 15(4) permits special provisions for socially and educationally backward classes. Article 15(5) extends this to educational institutions. Article 16(4) permits reservation in public employment.
Article 340 empowers the President to appoint a Commission to investigate the conditions of backward classes, which is the provision under which the Kalelkar and Mandal Commissions were appointed.
The 102nd Constitutional Amendment Act, 2018 inserted Article 338B, giving constitutional status to the National Commission for Backward Classes, and Article 342A on the Central List of socially and educationally backward classes.
National Commission for Backward Classes (NCBC)
Origin: It was originally established as a statutory body under the National Commission for Backward Classes Act, 1993.
Constitutional Body: The NCBC is a constitutional body under Article 338B.
Composition: It consists of a Chairperson, Vice-Chairperson and three other Members, appointed by the President of India.
Key Functions: It monitors safeguards for socially and educationally backward classes (SEBCs), investigates complaints regarding denial of their rights, and advises on their socio-economic development.
Powers & Consultation: It has powers similar to those of a civil court while investigating matters, and the Union and State Governments are required to consult it on major policy matters affecting SEBCs.