Answer:

In the Indra Sawhney judgement (1992), the Court upheld the government’s move and proclaimed that the advanced sections among the OBCs i.e, the creamy layer must be excluded from the list of beneficiaries of reservation ensuring that only the most deserving members of OBCs benefit from affirmative action. However, its misuse has led to a situation where well-off individuals take advantage of reservations, depriving those truly in need.

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Misuse of the Creamy Layer Provision Impacts the Reservation System’s Intended Beneficiaries

• Exclusion of Economically Weak Candidates: The misuse of the creamy layer provision often results in economically privileged OBCs benefiting from reservations, sidelining truly deserving candidates.
• Dilution of Affirmative Action’s Purpose: The original purpose of reservations was to uplift the most marginalised. The misuse of the creamy layer provision dilutes this purpose by allowing affluent individuals to claim reserved seats.
• Increase in Social Disparities: When affluent individuals from the OBC category benefit disproportionately, the social disparities within the community widen, perpetuating inequality.
  For example: The National Commission for Backward Classes (NCBC) has highlighted cases where economically backward OBCs still face discrimination and lack opportunities.
• Political and Social Backlash: The overuse of reservations by the creamy layer has led to political and social backlash from other communities, questioning the fairness of the reservation system.
  For example: There have been protests in several states, including Maharashtra and Haryana, against the extension of OBC benefits to the creamy layer.
• Undermining of Merit: The misuse of the creamy layer provision can sometimes compromise the merit-based system, as seats that could go to the more deserving are taken up by those better off.
• Limited Access to Resources for Truly Needy: As more affluent families secure opportunities through the reservation system, those from economically weaker sections within OBCs have limited access to essential resources like education and employment.
• Perpetuation of Privilege within OBCs: The misuse of the creamy layer provision creates a cycle where the more privileged within the OBC category continue to benefit, perpetuating their advantages while marginalised sections remain underserved.

Measures to Prevent the Exploitation of These Provisions While Ensuring Fair Representation

• Strict Implementation of Income and Wealth Criteria: The government should regularly update and strictly enforce income and wealth criteria to identify the creamy layer, ensuring benefits reach those who truly need them.
• Periodic Review of Beneficiaries: Conducting periodic reviews of those availing reservations can help ensure that the benefits are going to economically weaker sections.
  For example: The government could implement a 5-year review of beneficiaries’ income and social status to prevent misuse.
• Awareness Programs in Marginalised Communities: The government should launch awareness campaigns to inform marginalised OBC communities about their rights and how to access reservations, ensuring that benefits reach the most disadvantaged.
  For example: The Ministry of Social Justice and Empowerment can create grassroots awareness campaigns targeting rural OBC communities.
• Enhanced Data Collection on OBC Beneficiaries: The collection of detailed data on OBC reservation beneficiaries can help policymakers track the socio-economic background of those using the provisions, ensuring better-targeted policies.
• Promotion of Merit-based Support Programs: In parallel with reservations, the government could promote merit-based scholarships and support programs specifically aimed at economically disadvantaged OBC students to create a level playing field.
  For instance: Programs like the Post Matric Scholarship Scheme for OBC students provide financial aid for education, targeting those in need.
• Better Monitoring of OBC Certification: Ensure that OBC certificates are only issued after thorough background checks to prevent false claims of backwardness by economically privileged families.

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The creamy layer provision, while designed to ensure fair distribution of reservation benefits, is often misused by wealthier individuals within the OBC category. To prevent this exploitation, the government must implement stricter criteria, conduct regular audits, and ensure that the marginalised sections truly benefit. By doing so, the reservation system can fulfil its intended goal of promoting social justice and equity

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