The Hindu : National : Delete creamy layer clause, says panel

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Wednesday, Jul 27, 2005

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National

Delete creamy layer clause, says panel

Special Correspondent

The concept introduces economic criteria rejected by Constitution framers

NEW DELHI: A parliamentary committee examining the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes (reservation in posts and services) Bill has opposed the concept of "creamy layer" in government jobs.

In its report tabled in Parliament on Tuesday, the panel wanted reservation in public sector undertakings (PSUs) to continue even if the government holding fell below 51 per cent.

Although the Supreme Court excluded well-off persons from among the OBCs, the panel contended, the Constitution provided for special provisions for socially and educationally backward classes and did not mention anything about a "creamy layer." Nor did it mention any economic criterion to determine the backwardness of a community.

The panel felt that the creamy layer concept indirectly introduced the economic criteria rejected by the framers of the Constitution.

The committee noted that Article 16 (4) empowered the state to provide reservation for any backward class in appointments which, in its opinion, was not adequately represented in government jobs. This was proof of the intention that adequate representation in services under the state should be ensured. On the contrary, the formula of creamy layer put a restriction on achieving this obligation, the committee said.

It said individuals and organisations belonging to the SCs, the STs and the OBCs, in their representations, imposed the insertion of the term "creamy layer" in the proposed legislation, contending that a class should not be excluded from getting the benefit of reservation only on the basis of a judicial interpretation.

"The committee, in these circumstances, recommends the deletion of sub-clause(c)", which defines the creamy layer as meaning "those members from OBCs who constitute the forward section from amongst such backward classes."

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