The age-old discriminatory caste system of India is responsible for the origination of the reservation

system in the country. As some castes are discriminated against and treated unequally, the Indian
constitution allows for positive discrimination by providing reservations to foster equality. Reservation is
being offered to the SC/ST/OBC class of citizens in India, who have been disadvantaged and exploited
socially, educationally, and economically for generations to uplift them. The more affluent members of
the backward classes predominantly use the benefits of reservations, while the poorest and most
backward members remain impoverished and backward. These affluent members form the creamy
layer. The creamy layer is the group of people in the backward classes who are socially, economically,
and educationally well-advanced. And the creamy layer is not provided with reservation privileges
Therefore, for the reservation to accomplish its primary objective, the benefits of reservation must
reach the weakest and poorest members of the backward classes which is possible by excluding creamy
layer.

CREAMY LAYER CONCEPT

A) WHO COME UNDER CREAMY LAYER?

B) CREAMY LAYER CONCEPT APPLICATION TO SC/ST.

EVOLUTION OF CREAMY LAYER CONCEPT IN INDIA.

A) BEFORE INDIRA SAWHNEY
B) AFTER INDIRA SAWHNEY

n his opinion in Indra Sawhney, Jeevan Reddy, J., has emphasized that upon the member of a backward
class reaching an "advanced social level or status", he would no longer belong to the backward class and
would have to be weeded out. The Court has opined that the exclusion of creamy layer, i.e., socially
advanced members, will make the class a truly backward class and would more appropriately serve the
purpose and object of Art. 16(4). Jeevan Reddy, J., has stated that there are sections among the
backward classes who are highly advanced socially and educationally, and they constitute the forward
section of the community.

These advanced sections do not belong to the true backward class. "After excluding them alone, the
class would be a compact class. In fact, such exclusion benefits the truly backward."

A line has to be drawn between the forward in the backward class and the rest of the backward. If the
creamy layer is not excluded, the truly disadvantaged members of the backward class to which they
belong will be deprived of the benefits of reservation. If the creamy layer among backward classes were
given the same benefits as backward classes, it will amount to treating unequals equally which amounts
to the violation of the equality clause. By this, we can understand the significance of the creamy layer
principle.
Who cpome under creamy layer

Creamy layer concept application:

The sc/st are defined in the definitional article 366 under clauses (24) and (25) respectively. But the
Indian constitution gives no definition of backward classes.

The concept of creamy layer owes its birth and development to various commission reports and
supreme court judgements. The origin and evolution is discussed below.

The term creamy layer was first introducedin satannathan commission report. This comisiion established
in . creamy layer used to remove people.

State of kerala vs nm Thomas

Mandal commission report

Indira sawhney v union of india

States different approach

Indra sawhney 2

Cases