Supreme Court scraps Haryana’s ‘creamy layer’ criterion for backward classes

admin November 5, 2021
Updated 2021/11/05 at 3:25 PM

The Supreme Court held that annual earnings alone cannot be used to identify creamy layers among the backward classes for the purpose of denying reservation and that it must be done based on social, economic, and other relevant factors, not just economic ones.

The Supreme Court invalidated the Haryana government’s 2016 notice designating parts of the backward classes earning more than Rs.6,00,00 per year as a creamy layer, finding that the state incorrectly tried to define the creamy layer purely on the basis of economic practise. The state government’s judgment, the court held, was in breach of the norms established by the Supreme Court in the Indra Sawhney case.

The court concluded in the Indra Sawhney case that people from backward classes who worked in higher-ranking positions such as IAS, IPS, and all-India services had achieved a greater degree of social development and economic standing, and so were not entitled to be classified as backward. Without further investigation, such people were to be considered as a creamy layer. Similarly, those with adequate money who are able to hire others should be considered to have attained a better social rank and should be included outside the backward class. Individuals from the lower classes who possessed larger agricultural holdings or earned more money from their land than the specified maximum do not qualify for reserve. To be excluded from the backward groups, the above-mentioned categories were required.


Source: The Hindu

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