Open AccessThe Principles And Rationale For Determining The Creamy Layer For The Other Backward Classes In India
Author(s) -
Garima Rathore
Publication year - 2022
Publication title -
legal research development
Language(s) - English
Resource type - Journals
ISSN - 2456-3870
DOI - 10.53724/lrd/v6n3.04
Subject(s) - obligation , political science , disadvantaged , veto , legitimacy , caste , constitution , legislator , appeal , public administration , commission , affirmative action , law , government (linguistics) , law and economics , sociology , politics , legislation , linguistics , philosophy
The exemption of the creamy layer from quota benefits is a constitutional obligation that must be adhered to by the government. “The Mandal Committee was founded by former Prime Minister Morarji Desai’s administration with the remit to “recognize the socially or educationally disadvantaged.” It was chaired by legislator Bindheshwari Prasad Mandal and was charged with examining the issue of seat reservations and quotas for people to remedy caste prejudice. The commission's report affirmed the affirmative action practice established under Indian law, under which members of lower castes (referred to as “Other Backward Classes” and “Scheduled Castes and Tribes”) were granted preferential access to a certain percentage of public service jobs and admission to state colleges, and suggested raising these quotas by twenty seven to forty nine point five percent, but leaving the creamy layer out of the review of reservations would be contradictory to deny the legitimacy of the “creamy layer” concept in other domains of application after its validity has been established in the provision of the constitution as well as many judicial decisions. As a result, putting the appeal of this principle to the test becomes crucial.