Reservation Policy In India: A Critical Study With Reference To The Creamy Layer Principle
- IJLLR Journal
- May 17
- 2 min read
Prachi Panwar, B.A. LL.B. (Hons.), Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India
Dr. Ramakant Tripathi, Assistant Professor, Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India
ABSTRACT
The Indian Constitution's reservation policy, which was drawn from colonial affirmative action measures to promote backward areas and classes like SC, ST, and OBC, was established after independence. Originally intended to promote social fairness, the policy has evolved over time, particularly with the advent of the creamy layer idea, to target the economically affluent individuals who fall under the OBC category. The performance and limitations of the creamy layer are reviewed, and the constitutional, legislative, and common law mechanisms controlling laws pertaining to reservations are critically analyzed in this article. Indra Sawhney and M. Nagaraj are two examples of instances that have significantly altered the legal system. In these cases, the court established rules for the creamy layer, ruled against the lack of judicial procedures, and demanded that economic, social, and periodic data be collected in order to forgo undesired practices. There is some insight into how efficiency and equity might be addressed in tandem from other comparative studies with the US, South Africa, and Brazil. Although the creamy layer principle ensures equality for all members of a reserve group, the fundamental tenet of affirmative action is challenged for ignoring discrimination based on caste. In order to increase the efficacy of the concept for defining inclusive social justice, the author of this study proposes an extended method based on economic and social dimensions. Therefore, as the socio-political and economic standing of India's backward classes needs to be improved, the study promotes ongoing examination of the reservation rules.
Keywords: Reservation policy, creamy layer principle, social justice, affirmative action, backward classes, Indian Constitution, OBCs, SCs, STs.
