Questions Legal

What is the difference between creamy and non-creamy layer?

Airtract

Pranet Sharma

Justice is truth in action

India is a diverse country with numerous religions and cultures living in harmony. The pre-colonial existence made the path for various rotten systems in the society, which divided the society into upper, middle, lower classes. Even after the epic development established in India, society still upholds this corroded cast system. 

The Hindu religion, which is considered to be the dominant religion of India, is highly affected by the caste and class systems. This social hierarchy has been heavily utilized to suppress the rights and voice of the lower class.

Introduction of Creamy Layer

The backward class of the society didn't have any reservation in educational or career sectors before the introduction of the Creamy Layer law. The idea of the creamy layer was introduced by the Sattananthan Commission in 1971. The creamy layer is members of other backward classes who are excluded from the reservations of civil services and other OBC advantages. 

On 29th January 1953, under article 340 of the Indian constitution, the first backward class commission was set up by the presidential order. The chairmanship of Kaka kalekar held a significant role in the establishment of the OBC commission.

What is OBC?

The OBC is referred to as Other Backward Class which includes all the mal nurtured section of society who was denied with all the provisions and advantages of government for many years. After the approval of the commission, the OBC sector was recognized for all the advantages and opportunities. But the OBC sector itself was divided as two based on the lifestyle and incomes of the guardian. Because a valuable part of OBC was capable of a wealthy existence and capability to acquire all the possibilities when another group was still not up to that growth by the time. So the government divided the OBC as the Creamy Layer and Non-Creamy Layer.

Creamy Layer

Other Backward class creamy layer is a class of OBC who are financially developed and more prosperous. They are way improved than the other group pertaining to the OBC classification. The creamy layer amongst the OBC are ampler educated, and the Government of India has named the Creamy Layer among OBCs as those scoring more than Rs.8 lakhs per annum. OBC creamy layer does not receive any benefit anymore. They are employed the same way the prevailing class is treated. 

Non-Creamy Layer

The families whose income is less than 8 lack per year is considered to fall under the non-creamy layer category. After acceptance as a non-creamy layer, this class has been able to obtain several advantages and privileges from the government. This includes reservation in jobs, civil service, examinations, etc. Even the fee that needs to be paid at several circumstances is refunded or redeemed with the credentials as a member of the non-creamy layer. You can apply for the Non-creamy Layer certificate online as well as offline.

It was in 1979 that the government of Morarji Desai kept Bindeshwari Prasad Manda in charge to identify and sort out the socially and educationally backward class to ensure complete assistance to them in developing their social status. This commission recommended giving 27% reservation to the OBC, which ended in 49% employment opportunities for them in public multiversities and public aids.  







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