The Principle Of Creamy Layer In Reservation Policies For Advancement Of The Backward Classes

The Principle Of Creamy Layer In Reservation Policies For Advancement Of The Backward Classes: An Attempt To Establish Equity




Dr. Binita Behera*, Simran Sahoo** & Sai Ashish***


ABSTRACT


There has been a lot of contention over the provision of affirmative action in the Constitution of India. Whereas the framers of the Constitution had laid down certain provisions to make the Indian society more inclusive but there has been enough politics and arguments on both sides seem to be equally justifiable. One of the key issues which has raised controversies and attention is the creamy layer in these communities. The paper aims to understand the jurisprudence behind these provisions and also the manner in which these are actually applied in the Indian society. The paper delves into arguments on both sides and asks questions as to how far the re-exclusion of creamy layer is going to be helpful for the rest of the community- the non-creamy layer of these communities; it also makes an analysis of the difference in the backwardness of SCs/STs and OBCs and ascertains whether or not, the principle of creamy layer should extent to SC/ST community as well; should the ‘creamy layer’ be extended only at entry level in recruitment to services or should it be extended to even the promotions. A mixed methodology of both doctrinal and field based empirical research has been undertaken combining theoretical analysis of principles of social justice and equality and equity by way of research studies and case laws as also empirical data collected from the ‘stakeholders’ in question that is the students, job aspirants and job holders from the Scheduled Caste, Scheduled Tribes (SC/ST) and Other Backward Classes Communities, whereby the method of data collection was primarily through telephonic interview guided by an interview guide. An intensive and qualitative research study has been performed, where the authors have tried to bring out the factual and unseen reality of these backward classes in the present scenario along with manifesting the actual struggle and challenges faced by them. The paper winds up with conclusively determining the answers to the issues sought to be dealt with, critically analyzing the responses made by the interviewees and providing various recommendations for improvement and advancement of the backward classes with an aim of promoting equity and fair play.


Keywords: - Affirmative Action, Creamy Layer, Equity, SC/ST, OBC, Backward classes, Reservation policies.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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