Examine the consequences of the implementation of the Mandal Commission's
Report. What is meant by the 'Creamy Layer' in the context of Supreme Court's
verdict regarding the said Report?
Answers
Answer:
he Mandal Commission, the Socially and Educationally Backward Classes Commission (SEBC), was established in India on 1979 by the Janata Party government under Prime Minister Morarji Desai [1] with a mandate to "identify the socially or educationally backward classes" of India.[2] It was headed by B.P. Mandal, an Indian parliamentarian, to consider the question of reservations for people to redress caste discrimination, and used eleven social, economic, and educational indicators to determine backwardness. In 1980, based on its rationale that OBCs ("Other backward classes") identified on the basis of caste, economic and social indicators made up 52% of India's population, the Commission's report recommended that members of Other Backward Classes (OBC) be granted reservations to 27% of jobs under the Central government and public sector undertakings, thus making the total number of reservations for SC, ST and OBC to 49%.[3][1]
Though the report had been completed in 1983, the V.P. Singh government declared its intent to implement the report in August 1990, leading to widespread student protests.[4] As per the Constitution of India, Article 15 (4)states, " Nothing in this Article or in clause(2) of Article 29 shall prevent the State from making any provision for the advancement of any socially or educationally backward classes of citizens or for Scheduled Castes and Scheduled tribes". Hence Mandal Commission created a report using the data of 1931 census which was last caste wise census and extrapolating same with some sample studies. VP Singh is accused of using the Mandal Report which was ignored by the Janta government who had initiated it to further his political agenda and to appear as a political Messiah for the backward. Earlier to 1990 the so called backwards were wary of being called backward because in the common language it means a person belonging to inferior caste and are uneducated, uncultured. However when they found economic gains in being classified as backward the entire outlook changed and they started calling it social revolution and affirmative action. All of a sudden almost 75% of Indian population got preferential treatment in educational admissions and Govt employment. Earlier 25% population of India which is SC ST was covered and now more than 50 % of so called Other Backward Class came under reservation. It resulted in huge outrage in the balance population especially students who were depending on Govt service in future. [5] The youth went for massive protest in large numbers in the nation's campuses, resulting in many self immolations by students.[6]
Indira Sawney challenges the Mandal Commission and Govt decision to implement it in the Supreme Court in front of a nine Judge bench. After hearing both sides the bench passed the Act with a provision that maximum reservation can be 50% of the educational seats or job vacancies and creamy layer of income will be applicable. Presently the creamy layer limit is Family income of INR Eight lakhs (Eight hundred thousand rupees) per year. It was implemented in 1992..[7]
Even before the Mandal Commission some Indian states already had high reservations for economically poor people like Maharashtra.
Creamy layer is a term that refers to the relatively forward and better-educated members of the Other Backward Classes (OBCs), who are socially, economically as well as educationally advanced as compared to the rest of the members of that community. The word was introduced by the Sattanathan Commission in 1971, which directed that the creamy layer should be excluded from the reservations (quotas) of civil posts. The word ‘Creamy layer’ was first mentioned in the Supreme Court’s landmark judgment in the Indra Sawhney case (1992).
They accept eagerly all the benefits of reservations meant for that class, without allowing benefits to reach the truly backward members of that class.The Supreme Court of India asked the Attorney General K.K. Venugopal to short out the various issues being raised by States with regard to the application of a Constitution Bench judgment of 2006 in M. Nagaraj case, which had to uphold the question whether creamy layer should apply or not to the Scheduled Caste/Scheduled Tribe community while providing them reservation in government promotions.
Explanation:
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