Annual income cannot be the sole basis for determining the creamy layer: SC | India News

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NEW DELHI: Believing that annual income cannot be the only criterion for identifying the creamy layer within the backward class to deny the reservation, the Supreme Court ruled on Tuesday that this should be done on the basis of social factors , economic and other relevant factors and not only economic criteria
A bench of Judges L Nageswara Rao and Aniruddha Bose rescinded the 2016 notification issued by the Haryana government that sections of the backward classes earning more than Rs. 6 lakh per year were to be considered a creamy layer. The court said the state government’s decision violated the principles set out by the Supreme Court in the Indra Sawhney case.
The court said that the 2016 Haryana Backward Classes (Reservation to Services and Admission to Educational Institutions) Act mandates the identification and exclusion of the “creamy layer” on the basis of social, economic and other relevant factors, but the state wrongly sought to determine the creamy layer solely on the basis of economic criteria and made a serious error in doing so.
“Therefore, we rescind the notification, giving the state government the freedom to issue a new notification within 3 months from today after taking into account the principles set out by this Court in Indra Sawhney-I and the criteria mentioned in section 5 (2) of the 2016 law for determining the creamy layer, “the bench said. The court, however, said that admissions to educational institutions and appointments to state services on the basis of notifications should not be disrupted.
The court noted that the state’s notification issued in 1995 was in line with Indra Sawhney’s court ruling but 2016 was in violation of the verdict.
“The said notification excluded from the benefit of the reserve certain persons occupying constitutional functions and those who were employees of the State and of the Center in higher functions. In addition, the social advancement of other categories was taken into account for the purposes of including those categories in the “creamy layer”. Strangely, by the 2016 notification, the identification of the “creamy layer” among the backward classes was limited only on the basis of the economic criterion. Put plainly, this Court held in Indra Sawhney-I that the basis for excluding the “creamy layer” cannot be simply economic, “said the bench.
Referring to Indra Sahney’s verdict, the court said that it was found that people from backward classes who held positions in higher services like IAS, IPS and All India Services had reached a higher level. promotion and economic status and, therefore, were not entitled to be treated as arrears.
“These people were to be treated as ‘creamy diapers’ without further investigation. Likewise, people with sufficient income who were able to provide employment for others should also be considered to have achieved higher social status and, therefore, should be treated as outside the backward class. . Likewise, people of the backward classes who owned higher farms or received income from property, beyond a prescribed limit, do not deserve the benefit of the reserve. The aforementioned categories were to be excluded from the backward classes, the court said.


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