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In Indra Sawhney v. Union of India (1992), the Supreme Court upheld 27% reservation for OBCs but introduced the '______ layer' concept to exclude advanced sections within OBCs from reservation benefits, ensuring affirmative action reaches the neediest.
- upper
- creamy
- elite
- forward
Answer: creamy
Indra Sawhney (1992) creamy layer concept: (a) Context: Challenge to Mandal Commission recommendations implementing 27% OBC reservation in government jobs, (b) Supreme Court holding (9-judge bench): (i) Upheld 27% OBC reservation applying reasonable classification test under Article 14, (ii) Introduced 'creamy layer' exclusion: Advanced sections within OBCs (based on income, occupation, education) excluded from reservation benefits, (iii) 50% ceiling on total reservation (with exceptions for extraordinary situations), (c) Applications: (i) OBC reservation: Creamy layer exclusion applied to education, employment reservations, (ii) Subsequent extension: Jarnail Singh (2018) applied creamy layer to SC/ST promotions, though Davinder Singh (2024) focused on sub-classification, (iii) State implementation: States maintain creamy layer lists, update income criteria, verify applications, (d) Rationale: (i) Substantive equality: Ensure benefits reach neediest within OBCs; advanced sections excluded to prevent reverse discrimination, (ii) Proportionality: Balances affirmative action with merit; 50% ceiling balances equality goals with efficiency, (iii) Empirical basis: Classification based on social, educational, economic indicators, not presumption, (e) Illustrates calibrated affirmative action: Reasonable classification enables substantive equality while preventing overbreadth; empirical basis ensures reservations achieve transformative justice without undermining merit.