Creamy And Non-Creamy Layer

We, common people, are unaware of such in-depth terms of OBC like ‘Creamy Layer and Non-Creamy Layer’. Even students studying Civics in their school time probably did not come through these terms.

Well, this is what we work for! Making the students aware of the general content is our main mission. Thus, we bring up this topic of Creamy and Non-creamy Layers in OBC. Students pursuing any field of study or opting to study abroad must have an updated general knowledge so that when encountered with such terms or having a discussion where they can flaunt their knowledge on such terms, they stay benefitted in the conversation.

Agenda Of This Content – What Is A Creamy Layer, What Is A Non-Creamy Layer?

In this context, we are going to learn about the Creamy Layer and Non-Creamy Layer of OBC. We will answer the question related to the inclusion in these layers under ‘What is Creamy Layer and who is included?’ We will understand the meaning of OBC. Also, we will check the constitutional provisions for OBC creamy layer.

What Led To The Creamy And Non-Creamy Layer Of OBC?

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Image: Backward Class or OBC is divided into Creamy Layer and Non-Creamy layer

India is a country where the Indians are separated from different religious backgrounds with their individual castes. The caste system in India was very much popular during the pre-colonial rule time. Keeping this in view, the Government of India made two different divisions of the OBC category - OBC creamy and non-creamy layer.

First, let us know what OBC is and the full form of OBC.

The Full form of OBC is Another Backward class. The term OBC is used collectively by the government of India; this is done to identify or to classify the caste strata of the economy, which are educationally and socially disadvantageous.  

Let us check some important details of OBC.

What Is A Non-Creamy Layer?

The total family income should be less than  8 lakh per annum; this is the limit criteria of income to come under the class of non-creamy layer of OBC. Those families coming under the non-creamy layer will be getting a certificate of OBC which will be of the non-creamy layer. The person who is belonging to this non-creamy layer of the OBC category will be enjoying all kinds of benefits, and they will also be getting the relaxation of age in all the competitive exams held in India.

People coming under the category of non-creamy OBC category will be getting their reservations while they apply for government jobs or government posts. However, in order to avail of all these benefits, they are required to obtain a certificate which is called an OBC certificate. The OBC Certificate is valid in every state of India except in the state of Tamil Nadu. The validity of this certificate is for one year, and this will start from the very day of receiving the certificate in hand.

OBC Non-Creamy Layer Income Limit

• Income of the person combined with the family:

The person can apply for an OBC certificate only if the annual income of the family is less than rupees eight lakh per annum. If the per annum income crosses more than the limit, then they will not be granted the non-creamy certificate. 

• Parents who are employed under the central government:

A person’s either of the parents, who is a part of the central government or who is working under the Group C and Group D category of the central government. That person is eligible to apply for the non-creamy OBC certificate.

• An employee working under the Central Government:

If a person works under the central government or is a part of the central government, then that very person is eligible to apply for the OBC non-creamy layer certificate. Also, note this will be valid only if the person’s parents are not receiving any income like pensions.

• A husband who is employed under the Central Government: 

A woman's husband who is employed and is working under the Central Government, then that particular woman will be eligible to apply for the certificate. This is applicable only if her parents do not receive any kind of income.

What Is The Creamy Layer, And Who Is Included?

Via the Creamy Layer, the people belonging to the Other Backward Classes (abbreviated as OBC) are identified on an economic basis. This was started in 1993. In the present times, the families who have an annual income which is more than 8 lakh rupees and those who are not given reservations in the government jobs and other educational institutions, then these people form the creamy layer of OBC.

What Is A Creamy Layer?

Creamy layer, in a literal sense, means the 'creamy layer. In this layer, the castes fall under the Other Backward Classes (which is abbreviated as the OBC). They are divided on the basis of - 'economic basis'. The person who is coming under this layer is not given the benefit of any reservation like that in the OBC category. There is no reservation in government jobs and educational institutions. 

This creamy layer limit was introduced in 1993, and during this time, the people with an income of 1 lakh over the year were included in this layer. Later the limit of this division was increased to Rs 2.5 lakh in the year 2004, then to Rs 4.5 lakh in 2008, to Rs 6 lakh in 2013, and finally to Rs 8 lakh (current income for creamy layer), which was done in the year 2017.

Constitutional Provisions For OBC Creamy Layer

The person who is in this creamy layer is not given any reservation rights; their children are also not given the facility of seat reservation in educational institutions. Now, we will see who all comes under the Creamy Layer. 

• Persons holding any constitutional posts: the President, Vice-President, Judges of the Supreme and the High Courts, Chairman also members of the Union Public Service Commission, Chairman and members of State Public Service Commissions, Comptroller and the Auditor General and the Chief Election Commissioner.

• Group A, Group B officers who are working in Central and State Services, Officers – those who are posted in PSUs, universities, banks, insurance companies. This rule is also extensively applied to the officers who are working in private companies.

• The creamy layer also consists of Engineers, doctors, consultants, artists, writers, and advocates as well.

• An officer of the rank of the post of Colonel or anyone above in the Army or an officer of the same rank as in the Air Force, Navy, and in the Paramilitary.

• Persons who are engaged in industry, commerce, and trade.

• People who are having residential buildings in the urban areas, people who have vacant land, and agricultural land which is larger than a certain limit.

• People whose family income per annum is more than Rs.8 lakh. 

Difference Between OBC-CL And OBC-NCL

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Image: Simplified diagram to determine whether one falls under creamy or non-creamy layer

Did You Know?

• The creamy layer is better than the non-creamy layer in terms of education. They are better educated than the non-creamy layer. They are treated equally as the General category candidates.  

• Pension got nothing to do with the creamy or with the non-creamy layer. The government has released a notification that says that any aspirant whose parent's annual income is less than eight lakhs per annum falls under the non-creamy layer of OBC. 

• Any OBC community certificate which is issued in any other way than the way prescribed officially will be treated invalid; such candidates are not eligible for any upper age limit relaxation. 

• The Supreme Court also announced that Other Backward Classes (abbreviated as OBCs) seats, which are not filled up due to lack of candidates in OBC can be allotted to the general category candidates in all the important educational institutions which are called the Central Educational Institutions (abbreviated as CEIs).