Question 45 of 52 · Fundamental Rights
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SSC

The term 'creamy layer', used in the context of reservations for Other Backward Classes, refers to:

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Answer: Option A — The more advanced and well-off sections, identified mainly by income and status

Detailed Solution

The term "creamy layer" refers to the relatively advanced and well-off members of the Other Backward Classes (OBCs) who are excluded from the benefits of reservation. They are identified mainly on the basis of income, wealth and the status of their parents.

Origin of the concept:

  • The concept was laid down by the Supreme Court in the Indra Sawhney case (1992), also called the Mandal case.
  • The Court upheld 27 per cent reservation for OBCs in central government jobs, but directed that the creamy layer among OBCs should be excluded.
  • The reason was that reservation should benefit those who are really backward, not those who have already progressed.

How the creamy layer is determined:

  • Children of persons holding constitutional posts, such as President, judges, members of the UPSC and the CAG.
  • Children of Group A and Group B officers of central and state services, subject to certain conditions.
  • Children of high-ranking officers of the armed forces and paramilitary forces.
  • Children of professionals and persons with high income or wealth.
  • Children of persons whose family income exceeds a limit fixed by the government; the present limit is 8 lakh rupees per year, revised in 2017.

Purpose:

  • To ensure that the benefits of reservation reach the most backward among the OBCs.
  • To prevent a few advanced families from taking most of the benefits.

Application to Scheduled Castes and Scheduled Tribes:

In the Jarnail Singh case (2018), the Supreme Court held that the creamy layer principle can be applied to SCs and STs in promotions.

Sub-categorisation of OBCs:

A commission headed by Justice G. Rohini was set up to examine sub-categorisation of OBCs to ensure equitable distribution of benefits.

Why not the other options?

  • ✗The other options do not describe the creamy layer; the creamy layer is about excluding advanced sections, not the poorest or toppers.

Quick tip

Remember: Creamy layer = well-off sections of OBCs excluded from reservation (Indra Sawhney case, 1992); income limit 8 lakh rupees.

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Fundamental Rights — Preparation

This question tests your understanding of Fundamental Rights, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

Fundamental Rights are listed in Part III of the Constitution (Articles 12-35). This topic covers the six Fundamental Rights (equality, freedom, against exploitation, freedom of religion, cultural and educational rights, and constitutional remedies), the five writs, and the landmark cases that shaped these rights. Questions usually ask which article guarantees a right (Article 21 for life and personal liberty, Article 17 for abolition of untouchability), which writ serves which purpose, and why the right to property is no longer a Fundamental Right (it was removed by the 44th Amendment in 1978). B. R. Ambedkar called Article 32 the 'heart and soul' of the Constitution. Practise the Fundamental Rights questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.