Creamy Layer Doctrine
Origin and Constitutional Basis
The "creamy layer" doctrine excludes socially and economically advanced members of Other Backward Classes (OBCs) from reservation benefits, on the reasoning that OBC reservation under Article 15(4) and Article 16(4) of the Constitution is meant to address social and educational backwardness, not to benefit those who have already progressed beyond that backwardness. The doctrine originated in the nine-judge bench ruling in Indra Sawhney v. Union of India (1992), which upheld 27% OBC reservation in central government jobs while mandating exclusion of the creamy layer.
- Indra Sawhney v. Union of India (1992) — a nine-judge Constitution Bench upheld the Mandal Commission's 27% OBC quota in central government employment, subject to creamy-layer exclusion and a cap on total reservation (later associated with the 50% ceiling)
- Article 15(4): enables the State to make special provisions for the advancement of socially and educationally backward classes
- Article 16(4): enables reservation in public employment for backward classes not adequately represented in state services
- Following the judgment, the Department of Personnel and Training (DoPT) issued an Office Memorandum in September 1993 laying down the categories and criteria — based on parental posts/status and an income/wealth test — for identifying the creamy layer
● Tracked since May 15, 2026 · last seen September 17, 2026 · updates as the daily brief publishes
06 Sep '26
Creamy Layer and SC/ST Reservation: The Government's Constitutional Dilemma
Polity & Governance
01 Sep '26
Supreme Court to Weigh Centre's Plea on OBC Creamy-Layer Criteria for CSE 2025
Polity & Governance
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