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29 August 2026

OBC creamy layer exclusion policy

This topic involves a significant Supreme Court ruling on the implementation of the OBC creamy layer policy, which directly touches upon constitutional equality, administrative policy design, and the separation of powers.

2 min read Day 2 of 5 2 questions 1 prelims

Notes

  • The OBC creamy layer exclusion policy consists of two primary components: the income/wealth test and the equivalence of posts.
  • The Supreme Court ruled in March that the Department of Personnel and Training (DoPT) engaged in 'hostile discrimination' by applying the income test inconsistently between government and non-government employees.
  • The Court directed the government to exclude salary income from the creamy layer test for individuals whose parents' jobs lack established equivalence with government posts.
  • The Court mandated the creation of supernumerary posts for OBC candidates previously denied non-creamy layer status due to the inclusion of salary income in the test.
  • The government has expressed difficulty in implementing the Court's ruling retrospectively, arguing that salary income should remain a factor in certain cases.
  • There is an ongoing administrative impasse between the Ministry of Personnel, Public Grievances and Pensions and the Ministry of Social Justice and Empowerment regarding policy formulation and the establishment of post equivalence.
  • The Parliamentary Committee on the Welfare of OBCs has consistently flagged the incorrect interpretation of a 2004 DoPT letter as the root cause of the flawed application of the income test.

Part of a longer story

This is day 2 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. Examine the challenges in implementing the 'creamy layer' criteria for OBC reservations, particularly concerning the distinction between income from salary and other sources in the context of post equivalence. 150 words
    Attempt this — 150 words in 8 min
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  2. The judiciary plays a critical role in ensuring the equitable implementation of reservation policies. Discuss this in light of recent judicial interventions regarding the 'creamy layer' income test and the administrative responsibilities of the executive in upholding these mandates. 250 words
    Attempt this — 250 words in 11 min
    0 / 250 words 11:00

Prelims

  1. Which of the following are the two primary components of the OBC creamy layer exclusion policy as identified by the Parliamentary Committee?