The Government has implemented the ‘creamy layer’ concept in pursuance of the Hon’ble Supreme Court’s order in the case of Indra Sawhney and others etc. vs. Union of India and others [(Civil) No. 930/1990]. At present, there is no proposal in the Ministry of Social Justice and Empowerment for removal of Creamy Layer.
The Government has constituted a Commission on 2nd October, 2017 under article 340 of the Constitution to examine the sub-categorization of Other Backward Classes. The Commission commenced functioning with effect from 11.10.2017 i.e. the date of assumption of charge by the Chairperson. There has been no delay in constituting the panel.
Certain States including Andhra Pradesh and Telangana have introduced sub-categorization within Other Backward Classes reservation quota. The sub-categorization adopted by these States is being studied by the Commission for Other Backward Classes to examine the issues of sub-categorization of Other Backward Classes in the Central List.
This information was given by Minister of State for Social Justice and Empowerment Shri Krishan Pal Gurjar in a written reply in Rajya Sabha today.