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New Delhi: The Supreme Court on Friday made significant observations on the issue of reservation perks for the creamy layer among backward classes, questioning whether children of highly placed government officers should continue to avail quota benefits.    

When a bench of Justices BV Nagarathna and Ujjal Bhuyan heard a case pertaining to reservation for the creamy layer in backward classes, they verbally stated that once families succeed economically and educationally through reservation, there must be a discussion about whether the following generation should continue to enjoy the same advantages. 

Justice Nagarathna pointed to the example of children whose parents are both IAS officers and said, “They are both IAS officers, both are in government service. They are very well-placed. Social mobility is there. Now there are government orders excluding all these people and they are questioning the exclusion. This also has to be kept in mind.”

The bench further observed, “With educational and economic empowerment, there is social mobility. So, then again, seeking reservation for the children, we will never get out of it. That is a matter we have to concern also”.

Creamy layer debate returns to the spotlight

The court was considering petitions related to the creamy layer problem among underprivileged groups, reigniting the long-running discussion about whether social disadvantage based on caste may be outweighed by economic advancement.

Advocate Shashank Ratnoo appeared in the case and contended that the exclusion in this instance was based on the social standing associated with the parents' jobs as well as their salaries. He asked the court to carefully consider the differences between the creamy layer principle that applies to OBCs and the Economically Weaker Sections (EWS) category.

In response, Justice Nagarathna noted that social backwardness is not a factor in EWS reservation; rather, it is solely based on economic inadequacy.

According to Ratnoo, the parameters for the creamy layer ought to be "much more liberal" than those used for EWS. He argued that there would essentially be no difference between the two categories if they were treated equally.

Court says balance has to be maintained

The court must find a balance when addressing the matter, Justice Nagarathna added. She pointed out that even if a person may have come from a socially and educationally disadvantaged background at first, things might change after parents reach a particular level after taking advantage of reservation regulations.

After hearing the applications, the Supreme Court issued notice in the plea and sought replies from the concerned parties.

What is the creamy layer rule?

The creamy layer principle was laid down in the landmark 1992 Indra Sawhney judgment, widely known as the Mandal case. The Supreme Court maintained a 27% quota for Other Backward Classes (OBCs) in that decision, but it also decided that the socially advanced or "creamy layer" of OBCs should not be eligible for reservation benefits.

Currently, OBC families that make more than Rs 8 lakh a year are typically categorized as creamy layer. In addition to income, children of specific groups of senior bureaucrats, top military personnel, and high-ranking constitutional authorities may also be excluded, regardless of salary caps.

The most recent hearing takes place months after the Supreme Court ruled in March that a candidate's creamy layer status cannot be determined only by their parents' income.

The court then emphasized that for determining exclusion from OBC quota benefits, the parents' employment position and category must also be considered.