To prevent OBC individuals from cornering benefits implied for the impoverished, the idea of creamy and non-creamy layers inside the OBC group was created. The Supreme Court of India laid out the "creamy layer" exclusion from reservation benefits in its original 1992 decision in Indra Sawhney and Others v. Union of India . A big step toward making sure affirmative action benefits people who actually need it was taken with this judgment. In order to guarantee that reservations in public sector jobs, educational institutions, and other government benefits are given to people who truly need them, the creamy layer exclusion is essential. Affirmative action advantages are intended to support social fairness and upliftment by going to the non-creamy layer.
In India's governmental policy regarding minorities in society, the conceding of creamy and non-creamy layer (NCL) certifications to OBCs is a basic methodology. These records lay out qualifications for a scope of government-provided advantages and reservations, guaranteeing that financial upliftment arrives at the most marginalized sections of society.
The primary criterion for determining eligibility is the family’s annual income:
Annual Income Threshold: Families with a total annual income exceeding Rs. 8 lakh are classified under the creamy layer and are not eligible for certain reservations and benefits. This income includes salaries, agricultural income, and income from other sources.
Income Considerations: When calculating the total family income, both salaries and income from agricultural activities are included.
In addition to income, the parents' occupation plays a significant role in determining the creamy or non-creamy layer status:
High-Ranking Government Positions: Children of high-ranking officials such as Group A/Class I and Group B/Class II officers of the All India Central and State Services (direct recruits) are categorized as the creamy layer.
This criterion also includes those holding constitutional positions, professionals, and individuals engaged in trade, business, and industry.
Public Sector Employment: The criteria extend to individuals employed in the public sector, public sector undertakings, banks, insurance organizations, universities, and other public sector bodies.
Officers holding equivalent ranks in PSUs, Banks, Insurance Organizations, and Universities are included in the creamy layer.
To get an NCL certificate, candidates must follow a defined process:
The OBCs members who are comparatively educated and forward-thinking but ineligible for government-sponsored educational and professional benefit programs are referred to as the “creamy layer” in Indian politics. The Sattanathan Commission, which ordered that the “creamy layer” should be excluded from the reservations (quotas) of civil posts, coined the phrase in 1971.
Ensuring Fair Distribution: It ensures that the benefits of reservation policies are distributed among the truly needy, preventing monopolization by the affluent members of the OBC.
Targeting Genuine Beneficiaries: By barring the financially wealthy, the arrangement focuses on the people who need the means and opportunities to uplift themselves.
Advancing Inclusivity: It helps in accomplishing the objective of inclusivity by stretching out advantages to the marginalized and oppressed sections within the OBC.
Income Criteria: Families with an annual income exceeding Rs. 8 lakh are categorized under the creamy layer. This includes income from salaries, agriculture, and other sources.
Occupational Criteria: Children of high-ranking officials, such as Group A/Class I and Group B/Class II officers of the All India Central and State Services (direct recruits), are considered part of the creamy layer regardless of their current income. Similar criteria apply to those employed in public sector undertakings, banks, insurance organizations, universities, and equivalent ranks.
Social Status: Families that hold high social status or have significant assets, indicating economic advancement, fall under the creamy layer.
The ongoing pay limit for characterizing an OBC individual as a component of the creamy layer is Rs. 8 lakh per annum. This threshold is occasionally evaluated and adjusted to represent financial changes and expansion, guaranteeing its pertinence and adequacy.
-Income tax returns or Form 16
-Income certificate from the employer
-Professional license or registration
-Address proof such as an Aadhaar card, voter ID, or utility bills
-A statement declaring the family’s income and occupation details
-Agricultural income records, if applicable
-Proof of caste/community status
Backward castes and tribes that either lack education or possess qualifications that fall short of a high school diploma are referred to as non-creamy layers of OBC. All other castes and tribes that do not meet the requirements are considered non-creamy OBC, according to a government announcement. In other words, it does not include the creamy layer of OBC since they lack the necessary educational eligibility.
Ensuring Social Justice: It guarantees that the advantages of governmental policy regarding minorities in society arrive at the people who are genuinely distraught, accordingly advancing civil rights and equity.
Preventing Monopoly: By barring the monetarily progressed individuals from the OBC, the policy forestalls the domination of advantages by a few, guaranteeing more extensive dispersion among the needy.
Facilitating Upliftment: The non-creamy layer concept works with the financial upliftment of marginalized networks by furnishing them with better admittance to education, employment, and other fundamental resources.
To qualify as an OBC non-creamy layer, families acquiring under Rs. 8 lakhs per annum are qualified for the advantages reserved for the non-creamy layer. This threshold includes income from all sources such as salaries, agriculture, and other forms of income.
The NCL certificate is an official document that confirms a singular's qualification for reservations and different advantages under the OBC non-creamy layer classification. This declaration is fundamental for getting to different government plans, instructive reservations, and public sector employment opportunities.
Citizenship: The candidate must be a resident of India.
Income Criteria: The candidate's all-out yearly family pay ought not to exceed Rs. 8 lakh.
Occupational Criteria: The candidate’s parents must not hold high-ranking positions such as Group A/Class I and Group B/Class II officers of the All India Central and State Services (direct recruits). Similar criteria apply to those employed in public sector undertakings, banks, insurance organizations, universities, and equivalent ranks.
Social Status: The family must not possess significant assets or hold high social standing that would classify them as economically advanced.
Spousal Consideration: If the candidate’s husband is a Central Government employee and his parents do not have a stable source of income, the candidate may still be eligible to apply for an NCL certificate.
The creamy and non-creamy layer arrangement guarantees that the advantages of reservation policies arrive at the people who really need them. By barring the creamy layer, the framework forestalls the more affluent and advantaged OBC class individuals from consuming the advantages, subsequently guiding resources and opportunities to the genuinely disadvantaged.
The OBC category is diverse, with significant variations in economic status. The classification helps in recognizing and tending to these differences, guaranteeing that financial upliftment and social versatility are designated at the poorest segments.
Without the creamy layer prohibition, there is a risk that the advantages of reservation could sustain an imbalance inside the OBC classification itself. By focusing on the non-creamy layer, the strategy plans to forestall the centralization of benefits within a sub-group of currently advantaged people.
The classification lines up with the more extensive objectives of social justice and inclusivity. It means to inspire the marginalized segments of society, advancing a more impartial dispersion of opportunities and encouraging a more comprehensive social construction.
By setting a financial edge for the creamy layer, the strategy empowers confidence and monetary advancement. It incentivizes upward mobility while ensuring that the reservation benefits act as a stepping stone rather than a perpetual support system.
Creamy Layer of OBC
Non-Creamy Layer of OBC
The individuals from the OBC who fall in the creamy layer won't get the advantage of reservation.
The individuals from the OBC who fall in the non-creamy layer can avail the advantage of reservation.
Represents the upper caste and acquires education
Lack formal education
Family Income Limit – Total family income is more than 8 lakh per annum (Income from salaries or agricultural land shall not be clubbed)
Family Income Limit – Total family income is less than 8 lakh per annum (Income from salaries or agricultural land shall not be clubbed)
They are treated as a General category in the case of competitive exams and are not subjected to any kind of relaxation given to OBCs.
They enjoy all the benefits which include age relaxation and attempt relaxation in the competitive exams.
No such certificate is expected to be presented by the individual if he/she isn't guaranteeing any sort of reservation.
Each individual seeking reservation as OBC is expected to present a declaration with respect to his/her 'OBC status and on-creamy layer status' issued by an authority referenced in the Department of Personnel & Training Office Memorandum.
Eligible for the job in the post of Civil services in India
Eligible for the job in posts of Indian Forest Services and Indian Railway Services
Understanding the qualification among creamy and non-creamy layers within the OBC class is fundamental for getting a handle on the subtleties of India's governmental policy regarding minorities in society strategies. The creamy and non-creamy layer characterization within the OBC class is an urgent apparatus for accomplishing the objectives of civil rights and even-handed improvement in India. By guaranteeing that reservation benefits come to the most distraught, it addresses intra-group inconsistencies and advances a more inclusive society. Continuous audits and refinements of the measures are important to adjust to the developing financial scene and maintain the standards of fairness and equity.
