‘Economic criterion not sole basis for creamy layer’

What is the News?

In Pichhra Varg Kalyan Mahasabha Haryana v. State of Haryana) case, the Supreme Court has stated that economic criterion cannot be the sole basis for identifying sections of backward communities as ‘creamy layer’.

What was the case?

1. A petition was filed in the Supreme Court challenging the two notifications issued by the Haryana Government under the Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Act of 2016.
2. The notification sub-classified backward classes solely on an economic basis, while fixing the criteria for the creamy layer. It said that backward community members who earn above ₹6 lakh annually would be treated as ‘creamy layer’.

Supreme Court Judgement:

1. The Supreme Court has struck down the notifications issued by the Haryana government.
2. The court said that the notifications violated the law declared in the Indra Sawhney judgment by identifying creamy layers only on the basis of income.
3. The court mentioned that apart from the economic criterion, social, educational and other factors must also be taken into account before defining a “creamy layer” among the backward classes.
   • Example: The ‘creamy layer’ would include persons from backward classes who occupied posts in higher services like IAS, IPS and had reached a higher level of social advancement and economic status and therefore are not entitled to be treated as backward.
4. However, the court clarified that admissions already made using these notifications will not be disturbed.