M A I N   N E W S

SC: Exclusion of ‘creamy layer’ is constitutional
S. S. Negi
Legal Correspondent

New Delhi, February 23
In a significant ruling on the implementation of the creamy layer formula by the states, the Supreme Court said today that the exclusion of reserved categories people falling in its ambit from the quota benefit was necessary as the determination of creamy layer is a part of the constitutional scheme.

Defining how the creamy layer formula should be implemented by the states as per the two important verdicts by constitution benches of the apex court on the reservation issue, in the Indira Swahney case relating to the Mandal Commission report and last year’s ruling in the Nagraj case, a Bench of justices S. B. Sinha and Markandey Katju said “this court, thus, has categorically laid down the law that determination of the creamy layer is a part of the constitutional scheme.”

The court said it had rationalised the creamy layer rule as a necessary bargain between the competing ends of caste-based reservations and the principle of secularism while accepting the caste as “determinant” of backwardness and yet striking a balance with the principle of secularism, which is the “basic feature” of the Constitution.

The reiteration of the ruling came in a judgement on a petition against the Kerala Government decision on setting up justice K. K. Narendran Commission to determine as to what should be the criteria adopted to exclude the creamy layer of the Other Backward Classes (OBCs) from the quota benefit. But, the court found that the panel’s report fell short of the apex court guidelines.

The court reminded the states that ever since the judgement in the Mandal Commission case, it had repeatedly held under Article 144 that they were bound to act strictly in terms of the decision of the apex court. And even if they had any reservation about some of its directions, they could approach it and not act otherwise.

The court consequently set aside the recommendations of the Narenderan Commission and directed the Kerala Government to appoint a fresh commission which should go into the aspects of the terms of reference of the commission strictly as per its guidelines.