New Delhi: The Supreme Court on Friday reiterated the Mandal Commission's ruling that the "creamy layer" from among the reserved categories should be excluded from the benefit of reservation to backward classes. It did so while setting aside the report of the Justice K.K. Narendran Commission appointed by the Kerala Government to recommend criteria for identifying the creamy layer among backward classes. The court directed the State Government to appoint a fresh Commission to look into the matter.

A Bench comprising Justice S.B. Sinha and Justice P.P. Naolekar set aside a notification issued by the Kerala Government providing quotas for jobs and educational institutions by including the "creamy layer" categories within the quotas. The notification, issued on May 27, 2000, followed the acceptance of the recommendations of the Narendran Commission, which had fixed an income ceiling of Rs. 3 lakh for beneficiaries of reservation.

Allowing a writ petition filed by the Kerala-based Nair Service Society (NSS) challenging that notification, the Bench said: "This Court in [the] `Mandal case' has clearly and authoritatively laid down that the affluent part of a backward class called `creamy layer' has to be excluded from the said class and the benefit of Article 16 (4) [of the Constitution] can only be given to the `class' which remains after the exclusion of the `creamy layer.' The backward class under Article 16 (4) means the class, which has no element of `creamy layer' in it. It is mandatory under Article 16(4) as interpreted by this Court that the State must identify the `creamy layer' in a backward class and thereafter by excluding the `creamy layer' extend the benefit of reservation to the `class,' which remains after such exclusion."

Quoting the recent judgment of the five-Judge Constitution Bench, the Bench said: "If [the] Government tends to consider providing reservation without adequate data and inquiry, a stage would come when the whole system of reservation will become farcical and [a] negation of constitutional provisions."

The Bench said that judgment had "held that the creamy layer principle was one of the important limits on State power under the `Equality Clause' enshrined under Articles 14 and 16 and any violation or dilution of the same would render the State action invalid. The court had held that the boundaries of the width of the power, namely, the ceiling-limit of 50 per cent (the numerical benchmark), the principle of creamy layer, the compelling reasons, namely, backwardness, inadequacy of representation and the overall administrative efficiency are not obliterated by the impugned amendments."

Writing the judgment, Justice Sinha said that the concept of identification of the `creamy layer' had come up for consideration in the Indra Sawhney-I case. "This Court had issued certain directions in this behalf. Criteria were adopted by the States so as to avoid implementation of this Court's judgments. The State of Kerala did not follow the said direction as a result whereof it was found to be guilty of contempt of this Court."

The Bench said: "It is difficult for us to comprehend as to on what basis, while appointing [the] Narendran Commission, in the terms of reference, the State of Kerala could say that the maximum benefit should be given to a particular section of people."

"It is trite that those who have reached the status of general category, cannot be permitted to defeat the purport and object of the concept of `creamy layer' as the idea of creamy layer was conceptualised on that philosophy. It is also trite that the State can also lay down a legislative policy as regards the extent of reservation to be made for different members of the backward class, provided they remain as such."

The Bench directed the State Government to appoint a fresh Commission, which should go into all aspects of the matter and submit its report. "We, however, for the present do not intend to pass any order on the contempt petitions. They shall remain pending" the Bench said.

Printer friendly page  
Send this article to Friends by E-Mail