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Reservation Policy & the Creamy Layer Debate: Equity, Efficiency, and the Caste Census
- The Law Gurukul
- Jul 3, 2025
- 3 min read
Introduction
India’s reservation policy, designed as a tool for social justice, has evolved significantly since independence. Initially meant for Scheduled Castes (SCs), Scheduled Tribes (STs), and later Other Backward Classes (OBCs), it now includes Economically Weaker Sections (EWS).
However, the "creamy layer" exclusion within OBC reservations has sparked debates on who truly benefits. With the recent push for a nationwide caste census, the discussion on reservation’s future has gained fresh urgency. This blog examines:
✅ The rationale behind reservations
✅ The creamy layer concept and its controversies
✅ Impact of the caste census on reservation policies
1. The Evolution of India’s Reservation Policy
Constitutional Basis
Article 15(4) & 16(4): Allow reservations for socially and educationally backward classes (SEBCs).
Mandal Commission (1990): Recommended 27% OBC quota, expanding beyond SC/ST reservations.
103rd Amendment (2019): Introduced 10% EWS quota for upper castes earning below ₹8 lakh/year.
Current Reservation Structure
Category | Quota (%) |
SC | 15 |
ST | 7.5 |
OBC | 27 |
EWS | 10 |
Total | 59.5 (varies by state) |
2. The Creamy Layer Concept: Rationale & Criticism
What is the Creamy Layer?
Introduced in Indra Sawhney v. UoI (1992), it excludes affluent OBCs from reservations to ensure benefits reach the most deprived.
Income Cut-off: ₹8 lakh/year (revised periodically).
Arguments in Favor
✔ Prevents elite capture – Ensures reservations help the truly disadvantaged.
✔ Promotes meritocracy – Prevents well-off OBCs from monopolizing quotas.
Criticisms Against It
❌ Arbitrary Income Limit – Doesn’t account for regional cost variations.
❌ Ignores Social Stigma – Even "wealthy" OBCs face caste discrimination.
❌ No Creamy Layer for SC/STs – Raises questions about consistency.
Judicial Stand
Recent Rulings: Courts have upheld creamy layer but urged regular revisions (e.g., Jarnail Singh v. Lachhmi Narain Gupta, 2018).
3. The Caste Census & Its Implications
What is the Caste Census?
A detailed socio-economic survey of all castes (last done in 1931; partial OBC data in 2011).
Bihar’s 2023 Caste Survey Findings:
OBCs + EBCs (Extremely Backward Classes) = 63% of population.
Upper Castes = 15.5% (but hold disproportionate power/resources).
How It Affects Reservation Policy
🔹 Demand for Increased OBC Quota: If OBC population is higher, should their quota rise beyond 27%?
🔹 Sub-Categorization Within OBCs: To ensure most backward groups benefit (e.g., EBCs in Bihar).
🔹 Pressure for SC/ST Quota Revision: If their population share has changed.
🔹 Political Ramifications: Parties may push for new reservation categories (e.g., Most Backward Castes).
4. Key Debates & Future Challenges
1. Should SC/ST Reservations Have a Creamy Layer?
Pro: Prevents "perpetual reservation" for elite Dalits.
Against: Caste stigma persists regardless of income.
2. Is the EWS Quota Justified?
Pro: Helps poor upper castes excluded from quotas.
Against: Dilutes social justice (economic criteria ≠ caste oppression).
3. Will a Caste Census Lead to Fairer Reservations?
✔ Yes: Data-driven policies can target the neediest.
❌ No: May deepen caste divisions or trigger quota demands from dominant OBC groups.
Conclusion: The Way Forward
India’s reservation system is at a crossroads:
Caste census data could make quotas more precise but risks political misuse.
Creamy layer reforms must balance efficiency and equity.
Social justice vs. meritocracy remains a heated debate.
What’s your take? Should reservations be income-based? Should SC/ST quotas introduce a creamy layer? Discuss below!
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