Creamy Layer Concept
Origins in *Indra Sawhney v. Union of India* (1992)
The "creamy layer" doctrine was laid down by a nine-judge Constitution Bench in Indra Sawhney v. Union of India (1992), which upheld the Mandal Commission's 27% reservation for Socially and Educationally Backward Classes (SEBCs/OBCs) in central government jobs under Article 16(4), while capping total reservation at 50% (except in extraordinary circumstances). The Court held that socially advanced members within a backward class must be excluded from reservation benefits, since they no longer share the backwardness of the class as a whole.
- Decided 16 November 1992 by a 9-judge bench
- Introduced the creamy layer exclusion as a constitutional requirement for OBC reservation (not for SC/ST at the time)
- Capped reservation at 50% under Article 16(4), subject to exceptions
- Creamy layer criteria were operationalised through a Department of Personnel and Training (DoPT) Office Memorandum (OM) dated 8 September 1993, which combined a parent's official rank/post with an income/wealth threshold
● Tracked since May 15, 2026 · last seen September 01, 2026 · updates as the daily brief publishes
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