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Difference Between Creamy and Non-Creamy Layer

PWOnlyIAS September 16, 2024 06:43 865 0

Know about the key differences between the OBC Creamy and Non-Creamy Layer, their criteria, and reservation benefits in education, government jobs, and competitive exams in India

Difference Between Creamy and Non-Creamy Layer

Difference Between Creamy and Non-Creamy Layer: The Difference Between Creamy and Non-Creamy Layer is an important concept of the reservation system in India, which particularly concerns the Other Backward Classes (OBC). This classification generally determines candidates who are eligible for various reservation benefits, such as in education and government jobs. Understanding the difference is necessary for candidates who seek to avail OBC reservation Benefits. 2021 Census data is necessary for policymaking and the discussions around OBC classifications have become even more relevant today.

Understanding the Concept of Creamy and Non-Creamy Layer

The Difference Between Creamy and Non-Creamy Layer discusses the complexities of the economic and social status of an individual or family within the OBC category. The creamy layer is known as the more rich and socially advanced category of OBCs, which are more capable of competing in the general category, that’s why this section of society is excluded from reservation benefits. On the other hand, the non-creamy layer is the economically weaker section of society and is not financially stable and socially advanced as compared to the creamy layer.

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OBC Reservation Criteria in UPSC

According to Article 15(4) and Article 16(4) of the Indian Constitution, the state has the power to pass special provisions for socially and educationally backward classes, this also includes providing reservation in appointments and posts. In the year 190, the government of india declared a 27% reservation for OBCs in central government jobs, according to the recommendations of the Mandal Commission.

The word “Other Backward Classes” (OBC) is used for the group of people whose castes are considered socially or educationally backward. After that, in the Indra Sawhney case (1992), the concept of the Creamy Layer was introduced, which excludes certain economically advanced individuals from receiving the benefits of reservation.

The UPSC also has to follow these guidelines on reservation, with a clear difference between Creamy and Non Creamy Layer OBCs. The OBC category is divided into two: 

  • Creamy Layer
  • Non Creamy Layer

To avail of these provided benefits of the reservation in the UPSC examination, a Non Creamy Layer Certificate is necessary to have by candidate.

OBC Creamy Layer Criteria (2024)

The OBC creamy layer criteria were implemented to ensure that candidates can avail the benefits who belong to the weaker section of the OBC category. These criteria are regularly updated by the authorities to highlight the economic changes.

Here are the updated OBC creamy layer criteria based on the latest government guidelines:

  1. Annual Income Limit: Families with an annual income exceeding INR 8 lakh will come under the creamy layer. This income includes salaries, businesses, and other income sources, excluding income from agriculture. However, discussions have been going on in recent times to increase this threshold to INR 12 lakh, by considering inflation and rising income levels. However, the current limit, as per the Ministry of Social Justice and Empowerment, will remain at INR 8 lakh.
  2. Parent’s Employment Status: Children of Group A (Class I) officers or Group B (Class II) officers who have been promoted to Group A positions before the age of 40 years are considered as the part of creamy layer.
  3. Wealth and Property: Families who have land holdings or assets will also come under the creamy layer, particularly if their economic condition is considered above the prescribed threshold.

OBC Non-Creamy Layer Criteria (2024)

The OBC non-creamy layer criteria generally apply to only those individuals and families who are economically and financially weak and therefore are qualified for reservation benefits under the Indian government’s affirmative action policies.

Key OBC non-creamy layer criteria include:

  1. Annual Income Below INR 8 Lakh: Families who have an annual income less than INR 8 lakh are only qualified for the non-creamy layer and are eligible for reservation benefits. The OBC non-creamy layer was last revised in 2017, but discussions are ongoing to revise this limit to adjust it according to inflation and current economic facts.
  2. Job Status of Parents: If parents have jobs below Group A or have jobs of Group C and Group D employees, their children are generally considered part of the non-creamy layer. Similarly, retired parents who worked in lower ranks still allow their children to be classified under the non-creamy layer.
  3. Rural Agricultural Income: The income which is generated from agriculture is excluded when calculating whether a family comes under the creamy layer. This ensures that small farmers can also continue to benefit from reservation even if their agricultural income exceeds the set income limit.

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OBC Reservation Benefits in 2024

The candidates who are classified under the OBC non-creamy layer criteria are also eligible for many government-sanctioned OBC reservation benefits. These benefits are part of India’s effort to uplift socially and economically disadvantaged groups.

  1. 27% Reservation in Government Jobs: Under the Indian Constitution, the OBC non-creamy layer is entitled to 27% reservation in government jobs. This pre-allocated quota improves OBC representation in the civil services, public sector undertakings (PSUs), and other government departments.
  2. Reservation in Educational Institutions: For educational Institutions funded by the government such as IITs, IIMs, and central universities, 27% of the seats are allotted and reserved for OBC non-creamy layer candidates. This ensures greater access to higher education and professional courses for OBC students.
  3. Relaxation in Age Limits for Exams: In competitive exams like UPSC, SSC, and state-level exams, candidates from the OBC non-creamy layer have been provided relaxation in age limits. Typically, the relaxation is 3 years over the general category for most central government exams.
  4. Scholarships: Many scholarships are given to OBC non-creamy layer students, which helps them to pursue higher education without financial burden. Schemes like the National Fellowship for OBC students provide opportunities for research and advanced studies.

OBC Income Limit and Its Relevance

The OBC income limit is currently set at INR 8 lakh, and it plays a key role in determining eligibility for reservation benefits. This limit of 8 Lakh means that any family whose total earnings are more than 8 Lakhs annually will considered economically advanced and is classified under the creamy layer.

Discussions have been going on to increase this income threshold to INR 12 lakh, but no changes have been implemented yet. The government is regularly reviewing the OBC income limit to ensure it highlights the current economic situation. 

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OBC Income Limit Official PDF
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Understanding the OBC Caste List

The OBC caste list is the official document that details the count of communities that are recognized as OBCs by the central or state governments. As not all OBC candidates are eligible for reservation, only those communities listed in this OBC Caste List qualify for the non-creamy layer benefits.

The central and state governments maintain separate OBC caste lists based on regional socio-economic conditions. The inclusion in this list is based on factors such as 

  • Social backwardness
  • Limited access to education
  • Under-representation in public life.

To check if a community is included in the OBC caste list, candidates can refer to the PDF list which is presented below this list is updated as per the latest updated list presented by government, both for central and state-specific OBCs.

OBC Caste List PDF
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Steps to Obtain a Non-Creamy Layer Certificate

Obtaining a non-creamy layer certificate is necessary for candidates to claim OBC reservation benefits. Here are the steps to apply:

  1. Check Eligibility: Ensure that your family income is below INR 8 lakh and that your community is included in the OBC caste list.
  2. Apply at the Local Tehsildar’s Office: Applications for the non-creamy layer certificate can be submitted at the Tehsildar’s office or online through state-specific portals.
  3. Submit Documents: Required documents include proof of income, caste, and other identity documents.
  4. Processing Time: The certificate is usually issued within 15 to 30 days, depending on the state.

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Conclusion

The Difference Between Creamy and Non-Creamy Layer is a cornerstone of India’s reservation system, ensuring that benefits reach the underprivileged sections of the OBC community. The OBC creamy layer criteria effectively filter out economically advanced families, while the OBC non-creamy layer criteria provide much-needed support to those still in need.

By maintaining the OBC income limit and regularly updating the OBC caste list, the government ensures fair distribution of resources and opportunities to deserving individuals. For those falling under the non-creamy layer, the reservation system opens doors to better education, employment, and overall socio-economic upliftment.

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FAQs On Difference Between Creamy and Non Creamy Layer

The non-creamy layer is considered better for reservation benefits, as the creamy layer OBC is not eligible for OBC reservation benefits.

OBC individuals with an annual family income above INR 8 lakh or whose parents hold high-ranking government positions belong to the creamy layer OBC.

The OBC non-creamy layer criteria require a family income below INR 8 lakh annually, excluding agricultural income, and employment status of parents below Group A.

If you are OBC but fall under the creamy layer (not NCL), you are not eligible for reservation benefits in jobs or educational institutions.

The income for determining the creamy layer includes salary, business earnings, and other sources but excludes agricultural income.

The OBC income limit for the creamy layer is currently set at INR 8 lakh per annum. Families earning more than this are considered creamy layer OBC.
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