Backward Class Reservation and Concept of Creamy Layer

This book relates to reservational justice to be ensured to the backward classes of the society and clinches various issues relating to reservational justice to the OBC as the creamy layer formula and other issues in Mandal case lay down for the benefit of deprived section of the society and to bring them back on the track as early as possible. Since reservation for OBCs in the Central Government Services had not been before March 1993 and it had been only for SC/STs, and therefore, cases on different issues, though related to SC/STs, have been discussed at length with a view that similar approach would prevail in cases of reservational justice to OBCs.
The scope of this book is limited to the relevancy of the reservation policy and the application of concept of creamy layer, in the present scenario of privatization and globalisation, the analysis of Constitutional guidelines and its interpretation by the judiciary, efforts of policy or law-maker as well as of the executives in the form of annexure and appendix and the effect of the implementation of reservation policy on the society over all. This book consists of analysis of the various approaches related to the existing reservation policy in India and enshrined recommendations of the Mandal Commission, Kaka Kalelkar Commission (backward commission) and Ramanandan Prasad Commission (on creamy layer). It elucidates the existing job reservation polices for the SCS, STS and OBCs in brief. Besides this, the Indian caste system, caste differences, and caste politics have been discussed at length. This study also comprises bunch of leading judgments of Hon'ble Supreme Court on reservation issues.
This book provides comprehensive reading material and may initiate a popular and academic debate on the reservation policy in India. This book shall be useful for students, researchers, policy- makers and sociologists as well as academicians.
Contents of this book include: History of Backward Class; Classification of National Backward Class Commissions; Constitutional Commitment for Backward Class; Judicial Hunch for Backward Class Reservation; Concept of Creamy Layer in Backward Class Reservation; Effect of Backward Class Reservation; Conclusion and Suggestions; Appendix, Glossary; Table of Cases.

Dr. Pallavi Gupta, born in Shahjahanpur, U.P and attained LL.B. Degree from Bhimrao Ambedkar University, Agra, UP, LL.M. & Ph.D. Degree from MJP Rohilkhand University, Bareilly, U.P. She started her career by joining law teaching in Bundelkhand University, Jhansi, U.P. in 2001. After that she joined Amity Law School (Affiliated to GGSIP University, Delhi) in 2008. She has attended several national and international conferences. Her several papers are published in reputed books. Her first book "Legal Perspective on Indian Tourism" was published in 2004. She is member of several professional bodies.

Reservation is one of the many tools that are used to preserve and promote the essence of equality, so that disadvantaged groups can be brought to the forefront of civil life.
Pandit Jawaharlal Nehru, who presided over the Congress Expert Committee emphasized before the Constituent Assembly that the removal of socio-economic inequalities was the highest priority. He believed that only this could make India a casteless and classless society, without which the Constitution will become useless and purposeless.
It is to be understood that "creamy layer" principle has been evolved by the Supreme Court merely to exclude a section of a particular caste on the ground that they are economically advanced or educationally forward.
The author in Chapter 1 has meticulously traced the history of 'backward class' in India. Report of the 'Kaka Kalelkar Commission' and of 'Mandal Commission' has been correctly analyzed.
Constitutional provisions related to 'reservation' and judicial pronouncements have been critically discussed thoroughly. Aspect of 'creamy layer' and its implication has been properly highlighted by the author Dr. Pallavi Gupta. Author has been awarded a degree of doctorate on the topic.

For long, people of backward classes have suffered at the hands of society at large. They have been marginalized by the dominant classes from the mainstream society and also marginalized as objects in a country rather than being treated as its subjects. They have been subjugated at every point in their life. In such circumstances they themselves started to believe that it was their destiny to lead a life full of miseries and degradation. In welfare, democratic, secular and socialist country like India, their need to be uplifted. For this righteous purpose certain stern measures were required for their upliftment and to emancipate themselves further in the mainstream of the country. Accordingly serious and systematic efforts, like reservation in employment, education and political area, had been taken to give them a place into the mainstream of the nation and to overcome from their handicaps.
But Reservation Policy of Government in job and education under Constitutional commitment (also known as, quota system, positive discrimination, reverse discrimination, etc.) of India has resulted in fabulous collative aggression and in litigations. Pro- and anti-reservation stirs and movements have taken revolting figure in different parts of the country. The anti-reservation lists highlights the merit and efficiency theory and they argued from time to time that if reservation is to be made, it should be on the basis of economic backwardness, not on the caste basis.