Proposes Exclusion of Creamy Layer Among SC/STs from Reservations | Know all about it | UPSC

StudyIQ IAS

3 Aug 202412:05

Summary

TLDRThe Supreme Court's recent judgment on reservation policies is set to bring significant changes, particularly affecting the Scheduled Castes (SC) and Scheduled Tribes (ST). The ruling suggests a reevaluation of reservations for the 'criminal layer' within these communities, who have already risen in society, and a potential increase for those who have not yet benefited as much. The concept of 'criminal layer' originates from the Indra Sawhney case of 1992, distinguishing those who do not require reservation due to their advancement. The video also discusses the upcoming UPSC batch of 2025 and the availability of long-term preparation resources for aspirants, emphasizing that candidates can prepare from anywhere in the country.

Takeaways

📜 The Supreme Court has delivered a significant judgment regarding reservation policies that will lead to substantial changes in the future.
🚨 Reservation for the 'criminal layer' within the Scheduled Castes (SC) and Scheduled Tribes (ST) will be reduced to benefit those who have not yet gained as much from it.
🔄 The concept of 'criminal layer' originates from the Indra Sawhney case of 1992, which established the idea of excluding certain individuals from reservation benefits based on their social advancement.
🏛️ The Supreme Court has directed states to identify the 'criminal layer' within the OBC (Other Backward Classes) and reduce their reservation benefits accordingly.
👨‍👩‍👧‍👦 Six categories have been defined to identify the 'criminal layer' within the OBC, excluding individuals with certain government positions, high-income earners, and those in the private sector from reservation benefits.
📊 The criteria for identifying the 'criminal layer' include income levels and whether parents hold specific posts in the government or military, affecting the reservation benefits of their children.
📈 The income criterion for the 'criminal layer' was initially set at ₹1 lakh annually and was to be revised every three years, with the last revision occurring in 2017.
📚 The National Commission for Backward Classes recommended in 2015 to increase the income limit to ₹15 lakhs for identifying the 'criminal layer', but this has not yet been implemented.
🏫 The identification of the 'criminal layer' within SC and ST communities may be more challenging compared to OBC due to historical injustices and the depth of social integration.
🎓 The Supreme Court has clarified that reservation within SC and ST will not be completely removed, but the impact may be reduced for those who are already socially advanced.
🤔 The final implementation and criteria for identifying the 'criminal layer' within SC and ST communities may vary as it is left to state governments to decide, potentially leading to diverse approaches across states.

Q & A

What is the recent Supreme Court judgment mentioned in the script?
-The recent Supreme Court judgment mentioned in the script pertains to a significant decision regarding affirmative action, specifically the reservation system in India, which is expected to bring about considerable changes in the future.
What does the term 'Criminal Layer' refer to in the context of the script?
-In the context of the script, the term 'Criminal Layer' refers to a category of individuals within the Scheduled Castes (SC) and Scheduled Tribes (ST) who have already risen in society and are not in need of reservation benefits.
What is the implication of the Supreme Court's decision for the 'Criminal Layer' within SC and ST reservations?
-The Supreme Court's decision implies that the 'Criminal Layer' within SC and ST reservations will receive less reservation benefits, while those who are in greater need will get more reservation.
What is the concept of 'Creamy Layer' in the context of Other Backward Classes (OBC)?
-The 'Creamy Layer' concept in the context of OBC refers to those individuals within the OBC category who have already advanced in society economically, socially, and educationally, and thus do not require reservation benefits.
How does the Supreme Court's judgment affect the reservation system for the 'Creamy Layer' within OBC?
-The Supreme Court's judgment affects the reservation system for the 'Creamy Layer' within OBC by stating that they will not receive reservation benefits, while others within the OBC category who are in greater need will continue to receive them.
What is the significance of the Indra Sawhney case mentioned in the script?
-The Indra Sawhney case is significant as it established the concept of the 'Creamy Layer' within the OBC category, which was a landmark judgment by the Supreme Court of India.
What are the criteria used to identify the 'Creamy Layer' within the OBC category?
-The criteria used to identify the 'Creamy Layer' within the OBC category include factors such as constitutional or statutory posts, income levels, and whether the individual or their parents hold certain positions in the government or private sector.
How does the script suggest identifying the 'Criminal Layer' within SC and ST reservations?
-The script suggests that identifying the 'Criminal Layer' within SC and ST reservations may be more complex than in the OBC category and could involve criteria related to education, social status, and economic advancement.
What is the role of state governments in implementing the Supreme Court's judgment on reservations?
-State governments play a crucial role in implementing the Supreme Court's judgment on reservations by potentially forming committees to identify the 'Criminal Layer' within SC and ST reservations and to decide on the criteria for such identification.
How does the script address the issue of reservation for those preparing for the UPSC exams?
-The script addresses the issue by informing those preparing for the UPSC exams that they do not necessarily need to be in Delhi for their preparation and that all necessary resources, including prelims, mains, and interviews, will be made available to them.
What is the significance of the code 'Ankit Live' mentioned in the script?
-The code 'Ankit Live' is mentioned as a means for individuals to join a program at a maximum discount, presumably related to UPSC exam preparation, by using this code when signing up on the provided website or app.

Outlines

00:00

📜 Supreme Court Ruling on Reservation Policy

The Supreme Court has recently delivered a significant judgment that is set to bring about substantial changes in the future. The decision pertains to the reservation policy for Scheduled Castes (SC) and Scheduled Tribes (ST), suggesting a reevaluation of the reservation quotas within these categories. The court has proposed a reduced reservation for the 'criminal layer' that has already risen in society and a higher reservation for those who have not yet benefited as much from the policy. The video script discusses the concept of a 'criminal layer' and how it relates to the reservation policy, using the context of the OBC (Other Backward Classes) reservation and the landmark Indra Sawhney case as a reference point. The script also mentions the upcoming long-term UPSC batch for the year 2025 and assures that preparation for the exam can be done from anywhere in the country, with the provision of personal mentors and comprehensive study materials.

05:01

🏛️ Identification of the 'Criminal Layer' within OBC

This paragraph delves into the identification process of the 'criminal layer' within the OBC category. It explains that a committee, under the leadership of retired Justices A.N. Prasad, Ram Nandan Prasad, and others, was tasked with defining who would be considered part of this 'criminal layer' and thus not eligible for reservation benefits. The paragraph outlines six categories that would not qualify for reservation, including individuals with constitutional or statutory posts, central or state government officers, armed forces personnel above a certain rank, professionals like doctors and lawyers, property owners, and those paying income tax. The criteria for identifying the 'criminal layer' were initially set at an annual income of ₹1 lakh in 1993, revised every three years, with the last revision occurring in 2017. The National Commission for Backward Classes recommended in 2015 to increase the income criterion to ₹15 lakhs, but this has not yet been implemented.

10:02

🎓 Challenges in Identifying the 'Criminal Layer' in SC and ST

The final paragraph discusses the complexities involved in identifying the 'criminal layer' within the SC and ST categories, as opposed to the OBC category. It highlights the historical injustices and the long-standing social fabric that needs to be considered when addressing reservations for these communities. The paragraph also points out that while the Supreme Court has clarified that reservations will not be reduced for those who are part of the 'criminal layer' within SC and ST, the impact of their previous social standing may result in a lesser degree of reservation benefits. The script concludes by posing a question about which body is a constitutional body, inviting viewers to share their thoughts in the comments and hinting at a future discussion on this topic.

Mindmap

Keywords

💡Supreme Court Judgment

The Supreme Court's recent decision is central to the video, introducing potential changes in SC/ST reservation policies. The judgment suggests re-evaluating reservations for the 'creamy layer' within SC/ST communities to ensure those most in need receive benefits.

💡SC/ST Reservation

Refers to the policy of reserving seats in government jobs and educational institutions for Scheduled Castes (SC) and Scheduled Tribes (ST). The video discusses possible modifications in this policy to create subcategories and better target those who need it most.

💡Creamy Layer

Originally a concept within the OBC category, it identifies individuals who are economically advanced and hence ineligible for reservations. The video explores applying this concept to SC/ST reservations, where the 'creamy layer' would receive fewer benefits.

💡Indra Sawhney Case

A landmark 1992 Supreme Court case that introduced the 'creamy layer' concept for OBCs. The video refers to this case to explain the background and justification for identifying the 'creamy layer' within SC/ST categories.

💡State Government Authority

The Supreme Court's judgment grants state governments the authority to define and implement the 'creamy layer' within SC/ST reservations. This decentralization aims to address local needs more effectively.

💡OBC Reservation

Refers to the reservation for Other Backward Classes (OBCs) in government jobs and educational institutions. The video compares OBC reservations to SC/ST reservations, particularly in how the 'creamy layer' concept is applied.

💡Long-term UPSC Batch

The video promotes a long-term coaching batch for UPSC aspirants, emphasizing the accessibility and comprehensive nature of the preparation program offered by Study IQ. It ties into the theme of educational opportunities and reservations.

💡Social Justice

A key theme in the video, social justice refers to the fair and equitable distribution of resources and opportunities. The proposed changes in reservation policies aim to enhance social justice for disadvantaged SC/ST communities.

💡Economic Criteria

Used to identify the 'creamy layer' within the SC/ST and OBC categories, economic criteria include income thresholds and property ownership. The video explains how these criteria help determine eligibility for reservations.

💡Historical Injustice

Refers to the long-standing discrimination and marginalization faced by SC/ST communities. The video discusses how the reservation policy seeks to redress these historical injustices, while the 'creamy layer' concept aims to ensure equitable distribution within these communities.

Highlights

The Supreme Court's recent judgment will lead to significant changes in the reservation policies.

The judgment addresses the reservation for the criminal layer within the OBC category.

The criminal layer concept originates from the Indra Sawhney case of 1992.

The Mandal Commission's recommendations from 13th August 1990 are discussed in the context of reservation for OBCs.

The Supreme Court upheld the 27% reservation for OBCs but with conditions for the criminal layer.

The criteria for identifying the criminal layer within OBCs are explained, including six categories.

The criteria for government service and private sector employees are detailed, with income levels affecting reservation benefits.

The income criteria for the criminal layer identification was set at ₹1 lakh annually, subject to revision every three years.

The National Commission for Backward Classes recommended in 2015 to increase the income limit to ₹15 lakhs.

The government formed a committee in 2019 to consider changes to the criteria for the criminal layer.

The concept of the criminal layer within SC and ST reservations is discussed, with potential criteria for identification.

The Supreme Court has clarified that reservation for SC and ST will not be reduced but may be affected for those who are already socially advanced.

The judgment hints at the possibility of different criteria for identifying the criminal layer in SC and ST compared to OBCs.

The power to set criteria for identifying the criminal layer within SC and ST reservations lies with state governments.

The transcript suggests that identifying the criminal layer within SC and ST could be more challenging than within OBCs due to historical injustices.

The Supreme Court's decision emphasizes the need for a policy to identify those who have already advanced in society within SC and ST categories.

The discussion includes the potential impact of the judgment on upcoming UPSC exams and preparation strategies.

The transcript concludes with an invitation for viewers to share their thoughts on the judgment in the comments section.