The Reservation Debate Re-ignited: The 50% Ceiling, Creamy Layer, and Sub-categorisation
UPSC Relevance
Prelims: Indian Polity and Governance (Fundamental Rights - Articles 15 & 16; Constitutional Provisions on Reservation; Landmark Judgments - Indra Sawhney case; Key Commissions - Rohini Commission).
Mains:
General Studies Paper 1 (Society): Social empowerment, Diversity of India.
General Studies Paper 2 (Polity & Social Justice): Indian Constitution—significant provisions and basic structure; Welfare schemes for vulnerable sections of the population; Mechanisms, laws, institutions for the betterment of these vulnerable sections.
Key Highlights from the News
The political declaration in Bihar to increase reservation to 85%, and the Supreme Court's consideration of the creamy layer issue among SC/ST categories, have reignited national discussions on reservation.
In the Indra Sawhney case (1992), the Supreme Court strictly ruled that reservation should not exceed 50% (50% ceiling).
The Supreme Court introduced the creamy layer concept in the Indra Sawhney case to exclude economically advanced individuals within OBCs from reservation benefits. However, this is currently not applicable to SC/ST categories.
Following the finding that only a few castes within OBCs were monopolizing reservation benefits, the report of the Rohini Commission, which recommended sub-categorisation, is crucial on this matter.
A demand is emerging for some form of prioritization system within SC/ST categories as well, to ensure that reservation benefits reach the most deserving.
There is a strong argument for conducting a caste census to obtain accurate data for reviewing reservation policy.
The article states that along with reservation, the government should also emphasize skill development to help the youth of the country secure employment.
COMMENTS