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26 August 2026

Supreme Court review of OBC creamy-layer criteria

This topic involves a significant Supreme Court interpretation of reservation policy and the creamy layer criteria, which directly impacts constitutional provisions and administrative governance regarding vulnerable sections.

1 min read Day 1 of 5 2 questions 1 prelims

Notes

  • The Supreme Court is considering forming a special Bench to address the Centre's plea for clarification on the March 11 judgment regarding OBC creamy-layer criteria.
  • The March 11 judgment (Union of India v. Rohith Nathan) addressed the interpretation of the income/wealth test for OBC reservation eligibility.
  • The Court identified potential 'hostile discrimination' where OBC candidates with parents in government service were treated differently than those with parents in private/PSU jobs where no equivalence to government posts was established.
  • The Court directed the creation of supernumerary posts for OBC candidates excluded from quotas solely due to parental salary income in non-equivalent sectors.
  • The DoPT seeks to maintain the pre-March 11 criteria for the 958 candidates recommended by the UPSC for the 2025 civil services examination.
  • The Centre argues that retrospective implementation is difficult and would cause a 'cascading effect' on service matters dating back to 2012, impacting seniority, promotions, and cadre placement across all categories.
  • The Centre contends that the creation of supernumerary posts addresses numerical accommodation but fails to resolve collateral administrative consequences.

Part of a longer story

This is day 1 of 5 in Supreme Court review of OBC creamy layer criteria, which has been running since 26 August 2026. Reading it whole is usually worth more than reading today alone — the exam asks how something developed.

Questions

  1. Discuss the constitutional implications of the 'creamy layer' exclusion in OBC reservations, particularly concerning the interpretation of income and wealth tests in public employment. 150 words
    Attempt this — 150 words in 8 min
    0 / 150 words 8:00
  2. Examine the challenges faced by the executive in implementing judicial directives regarding reservation policies, with specific reference to the administrative impact on seniority and cadre management. 250 words
    Attempt this — 250 words in 11 min
    0 / 250 words 11:00

Prelims

  1. The 'creamy layer' concept in the context of OBC reservation was primarily introduced to ensure that: