//SC rejects raise of creamy layer limit in Kerala

SC rejects raise of creamy layer limit in Kerala

23 February 2007 (UNI)

The Supreme Court has quashed the Justice K K Narendran Commission report (First)  which had raised the limit of creamy layer families among the reserved categories from Rs 1.5 lakh to Rs three lakh in Kerala.

A bench comprising Justices S B Sinha and P P Naolekar directed the Kerala government to appoint a fresh committee for ascertaining the criteria for exclusion of creamy layer from the benefits of reservation.

The court, however, made it clear that the benefits of reservation, given both in jobs and admissions to educational institutions, on the basis of the recommendation of Narendran Commission, shall not be disturbed.

The court also kept pending the contempt of court proceedings initiated suo motu against Kerala Chief Secretary for not complying with the directions of this court in Mandal Commission case, which directed the exclusion of creamy layer from the benefits of reservation among the OBCs.

The apex court had appointed Justice K J Joseph Committee to go into the entire gamut of reservation policy and to lay down the criteria for exclusion of creamy layer.

The Joseph Committee recomended that families having an annual income of more than Rs 1.5 lakh will be included in the category of creamy layer.

The Kerala government brought a legislation which said there existed no creamy layer in the state of Kerala and the Kerala State Backward Classes (reservation of appointments or post in the services under the state) Act, 1995. The act was challenged in the court and this court appointed Joseph Committee.

In order to nullify the recommendations of Joseph Committee, Kerala government appointed Justice K K Narendran Commission whose recommendations were virtually in conformity with the impugned Act of 1995.

Narendran Commission recommended that for determination of creamy layer among OBCs, the minimum annual income of the head of the family should be Rs three lakh, which means that the income of other family members and income of the family from other sources like agriculture, business or industry was not to be taken in account.

The nine judge bench of this court in 1992, in Indira Sawhney case popularly known as Mandal Commission case, had laid down two important directions, firstly, creamy layer has to be excluded from the benefits of reservation and secondly, reservations can not continue indefinitely and granted five years time to the authorities to phase out the reservations and the upper limit of 50 per cent was also fixed for providing reservations.

 

Income limit can be revised: Narendran

24 Feb 2007, The Hindu

KOCHI: The former High Court judge K.K. Narendran said here on Friday that a new income limit to determine the creamy layer could be formulated by a new commission within two months.

"It would take hardly two months for the Government to get a new income limit figure if a commission is appointed quickly," Mr. Narendran, who headed the one-man commission that fixed Rs. 3 lakh as the income limit in 2000, told The Hindu

He was reacting to Friday's Supreme Court verdict striking down his recommendation on the income limit and asking the Government to appoint a new commission to determine the new income limit.

With today's judgement, the apex court decided a bunch of petitions.

 

CPI seeks new commission

The Hindu , 25 Feb 2007

File review petition, says JD(S)

# Fix ceiling at Rs.2.5 lakh till new report is prepared: CPI
# `Make norm beneficial to backward communities'

THIRUVANANTHAPURAM: The Communist Party of India (CPI) State leadership has sought appointment of a new commission to identify the creamy layer among the backward communities.

In a statement here on Saturday, CPI State secretary Veliyam Bhargavan said a new commission was necessary in the light of the Supreme Court decision nullifying the recommendations of the K.K. Narendran Commission. He suggested that the income ceiling fixed by the Union Government could be adopted in Kerala till the report of the new commission was available. The Narendran Commission had fixed Rs.3 lakh as the income ceiling against Rs.2.5 lakh fixed by the Centre.

Mr. Bhargavan said the CPI was basically opposed to the creamy layer norm as that would prevent people belonging to backward communities from reaching the higher echelons of society. Since the Union Government and the Supreme Court have decided in favour of having a creamy layer norm, the State Government's attempt should be to make it as beneficial to the backward communities as possible. The commission should be directed to submit its report in three or four months, the CPI leader said.

In a separate statement, Janata Dal(S) leader A. Neelalohithadasan Nadar said the Supreme Court verdict ran counter to the relevant Constitutional provisions and the Court's earlier verdicts on the reservation issue. The Government, he felt, should explore the possibility of filing a review petition and appoint a new commission.