NATIONAL COMMISSION FOR BACKWARD
CLASSES TO REVIEW THE INCOME CRITERIA FOR EXCLUDING THE CREAMY
LAYER FROM AMONGST OBCs
The National Commission
for Backward Classes (NCBC) has been asked by the Government to
review the income criteria for excluding the Creamy Layer from
amongst the Other Backward Classes (OBCs). The Commission has
also been told to evolve a formula for periodic revision of criteria
and income ceiling for determining the Creamy Layer. It has also
been directed to advise the government on, among other things,
whether the Creamy Layer criteria will apply to the offsprings
of persons belonging to excluded categories and whether the income
for excluding should constitute only from salaries or from agricultural
land or both. Another term of reference that the Commission has
been asked to consider and advise the government is as to how
income from sources other than salary or agricultural land is
to be dealt with. Communicating the government’s decision, the
Ministry of Social Justice and Empowerment has asked the NCBC
to submit its report within three months.
The Supreme Court
in November, 1992 in its judgement in Indira Sahni & Others
v/s Union of India had directed the Central Government as well
as the State Governments to specify the basis for applying the
relevant and requisite socio-economic criteria to exclude advanced
persons/ sections, popularly known as Creamy Layer, from OBCs.
Subsequently an expert Committee headed by Justice Ram Nandan
Prasad was constituted by the Government. The recommendations
made by the Committee for excluding the Creamy Layer amongst OBCs
was accepted by the Government.
Accordingly, the
Department of Personnel and Training on 8th September
1993 issued an order stipulating that the rule of exclusion will
apply to son (s) and daughter (s) of persons holding Constitutional
positions. These include the President, the Vice-President, Judges
of Supreme Court and High Courts, Chairmen and Members of the
Union and State Public Service Commissions, Chief Election Commissioner,
Comptroller and Auditor General of India, parents either of whom
is a Class I Officer, parents either or both of whom is or are
in the rank of Colonel and above in the Army and equivalent posts
in the Navy and Air Force and the para-military forces. Families
owning irrigated land, which is equal to or more than 85% of the
ceiling limit in terms of irrigated land as per State land ceiling
laws and the persons having gross annual income of Rs.1.00 lakh
or above or possessing wealth above the exemption limits prescribed
in the wealth Tax Act for a period of three consecutive years
(income for salaries or agricultural land shall not be clubbed)
are also excluded.
