Recommendations of the Mandal Commission
In 1990, when V. P. Singh was Prime Minister, reservation for OBC was implemented in central government employment based on Mandal Commission (1980) recommendations
OBCs must be provided a reservation of 27% in public sector and government jobs.
They should be provided with the same 27% reservation in promotions at all levels of public services.
The reserved quota, if unfilled, should be carried forward for a period of 3 years.
OBCs should be provided age relaxation similar to SCs and STs.
Reservations to be made in PSUs, banks, private sector undertakings receiving government grants, colleges, and universities.
The government to make the necessary legal provisions to implement these recommendations
Creamy layer
27% reservation for OBC was upheld by the Supreme Court in the Indra Sawhney case (1992)
It opined that caste is a determinant of class in the Indian context.
However, in order to uphold the basic structure of equality, it fixed a cap of 50% for reservation unless there are exceptional circumstances.
The court also provided for exclusion of creamy layer from OBC
The criteria for identifying a person as part of the creamy layer is based on the recommendations of the Justice Ram Nandan Prasad Committee (1993)
It is determined by the position/income of an applicant’s parents alone
The criteria for belonging to creamy layer is parental income, excluding income from salary and agricultural income, being more than ₹8 lakh in each year in the last three consecutive financial years.
Further, the following categories of applicants are also considered as belonging to creamy layer :
(a) parents, either of whom entered government service (centre or State) as Group A/Class I officer
parents, both of whom entered as Group B/Class II officers
father, who was recruited in Group B/Class II post and promoted to Group A/Class I before 40 years of age;
(b) either of the parents employed in a managerial position in PSUs;
(c) either of the parents holding constitutional posts
Concentration of reservation benefits
The Rohini Commission, was set up for providing recommendation on sub-categorisation among OBC castes
It estimated that 97% of reserved jobs and seats in educational institutions have been garnered by just around 25% of the OBC castes/sub-castes at the central level.
Close to 1,000 of around 2,600 communities under the OBC category had zero representation in jobs and educational institutes.
Similar issue of concentration of reservation benefits persists in the SC and ST category as well.
There is neither any exclusion based on ‘creamy layer’ for these communities.
It is pertinent to note that as per government replies in Parliament, 40-50% of seats reserved for OBC, SC and ST in the central government remain unfilled.
More equitable distribution
The foremost requirement is to plug the loopholes in the issue of NCL, EWS and disability certificates.
There must be thorough scrutiny to ensure that only eligible applicants obtain these benefits
The vacancies for reserved communities should be filled without backlogs.
Sub-categorisation of reservation may be essential to address the under representation or non-representation of various communities.
Similarly, creamy layer exclusion in SC and ST category, at least for children of Group I/Class A government officials may be considered
These would ensure that benefits of reservation reach the more marginalised among underprivileged in successive generations
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