OBC , Creamy Layer and Quota

The government has enhanced the ceiling for applying the 'creamy layer' restriction on "socially advanced persons".  The Union Cabinet gave its approval for increase in the present income criterion of Rs. 4.5 lakh per annum for applying the Creamy Layer restriction throughout the country to Rs. 6 lakh per annum.

In its additional manifesto on "empowerment of minorities", Congress has said it will work towards earmarking a quota of 4.5% for backward Muslims in the existing other backward caste (OBC) reservations.

The fresh minority pitch - available on the manifesto link on the Congress website - goes further, speaking of "extension of Scheduled Caste status to all Dalit minorities", a demand opposed by many Dalit groups currently accessing quotas.

Amending the SC criteria - currently available to Hindus and Buddhists — will allow 'dalit' Muslims and Christians to access quotas and has been strongly opposed by BJP on the ground that there is no caste-based discrimination in both religions.

Art. 340. (Appointment of a Commission to investigate the conditions of backward classes) - 

(1) The President may by order appoint a Commission consisting of such persons as he thinks tit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union of any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any State and the conditions subject to which such grants should be made, and the order appointing such Commission shall define the procedure to be followed by the Commission.

(2) A Commission so appointed shall investigate the matters referred them and present to the President a report setting out the facts as found by them and making such recommendations as they think proper.

(3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament.

As matter of fact, in some of the southern States, reservations in favor of O.B.Cs. were in vogue since quite a number of years prior to the Constitution. There was a demand for similar reservations at the center. In response to this demand and also in realization of its obligation to provide for such reservations in favor of backward sections of the society, the Central Government appointed a Backward Class Commission under Article 340 of the Constitution on January 29, 1953. The Commission, popularly known as Kaka Kalelkar Commission, was required "to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labor and to make recommendations as to the steps that should be taken by the Union or any State to remove difficulties and to improve their conditions". The Commission submitted its report on March 30, 1955. Be that as it may, the Report was never discussed by the Parliament.

By an Order made by the President of India, in the year 1979, under Article 340 of the Constitution, a Backward Class Commission was appointed to investigate the conditions of socially and educationally backward classes within the territory of India, which Commission is popularly known as Mandal Commission.

Art. 16. (Equality of opportunity in matters of public employment) - 

(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State of Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment.

(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

(5) Noting in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.