From correspondents in Delhi, India, 06:00 PM IST
Parliament will Monday discuss the vexed issue of exclusion of the 'creamy layer', or the elite, from the reservation quota meant for Other Backward Classes (OBCs) in central higher educational institutions.
Although the government has decided against tinkering with the creamy layer criterion apprehending judicial intervention, it is compelled to take up the issue in the Lok Sabha for discussion, government sources said Sunday.
Several constituents of the ruling United Progressive Alliance (UPA) are in favour of scrapping the very concept of creamy layer so as to benefit a larger segment of the OBCs though the Supreme Court, in its verdict last month, asked the government to exclude the creamy layer from the ambit of the reservation policy.
The court has directed a review of the OBC list every five years.
The government has since decided to implement the OBC reservation in the higher educational institutions, including in the Indian Institutes of Technology (IITs) and the Indian Institutes of Management (IIMs) from the next academic session.
UPA allies like the DMK besides other parties have demanded a review and constitutional amendment to ensure that the creamy layer is not excluded from the purview of OBC reservation.
They have also demanded that the matter be put in the Ninth Schedule of the constitution that is beyond judicial review.
The 'creamy layer' includes children of those holding constitutional positions, judges of the Supreme Court and high courts, and sons and daughters of Group A/Class 1 officers of the All-India central and state services (direct recruits).
Those having a gross annual income of Rs.250,000 or above or possessing wealth above the exemption limit prescribed in the Wealth Tax Act for three consecutive years are also excluded.
Most Recent Comments
The DMK (rather, its leader Karunanidhi) thinks that enacting amendments to existing laws and arbitrarily putting them in the IXth Schedule will effectively evade judicial questioning of the amendments. These parties are ill-advised. Recently,it was clearly pointed out by Supreme COurt judges such arbitrary and mechanical method of misusing IXth Schedule will itself be questioned and such malpractice is liable to be struck down.
this is a serious business and I request the parliamentarian to participate in the debate to bring on light that creamy layer of OBC will really effect the naturally the persons really deserves to be provided with seats and employment from OBC. This creation of OBC started only during last decade and should be continued for another decade so the deserving OBC should get the benefit.
Making a law and putting under Constn.Nineth Schedule mechanically would render our democratic COnstn. infinitely pliable because of the large nos.There is a wisdom warning democratic structures that majorities can go wrong on certain points touching Human Rights and justice which minorities can clearly see.
From these developments of (a) Supreme Court directing exclusion of creamy layer from OBC quota law recently enacted, and (b)the demand for not complying with the SC directive by insisting that an amended Law including creamy layer and be incdd. under th IX Schedule of Constn. - the question arises, whether the Supreme Court in our democratic structure has a unique contributory role and position.
View all comments »