The President’s office has asked the government to examine and take action on demands from a leading organisation of OBC employees to abolish the creamy layer, which prevents economically well-off individuals within the category from receiving reservation benefits in government jobs and education.

In December 2024, the All India Other Backward Classes Employees Federation (AIOBCEF) had submitted a memorandum addressed to President Droupadi Murmu to argue that the creamy layer had become irrelevant after Parliament passed the 105th constitutional amendment in 2021.

In a letter addressed to the secretary of the social justice ministry with the subject line “Request for attention on his/her petition”, the President’s Office wrote: “Enclosed please find for appropriate attention a petition dated 05/12/2024 addressed to the President of India on the above subject matter which is self-explanatory. Action taken on the petition may please be communicated to the petitioner directly”.

AIOBCEF secretary G. Karunanidhy said the creamy layer concept came up in the Supreme Court’s 1992 judgment in the Indra Sawhney vs Union of India case wherein it upheld a 27 per cent quota for OBCs in central government jobs but excluded the creamy layer from the reservation benefits.

The apex court left the methodology for the identification of the creamy layer to the government, which formulated the criteria that are followed till now.

In 2021, Parliament passed the 105th Constitutional Amendment Act, which stated that the Socially and Educationally Backward Classes (SEBCs), also referred to as OBCs, are those that are included in the lists maintained by both the central and state governments.

“The SEBCs or OBCs, according to the constitutional amendment, can no more be divided on the basis of creamy layer. Earlier, there was no definition of backward classes. Since the definition has come and it refers to classes of people whose castes and categories are listed in both central and state OBC lists, they cannot be divided for reservation benefits,” Karunanidhy said.

The organisation has also demanded a caste census and reservation in the higher judiciary.

“The Supreme Court collegium recently highlighted the importance of social diversity in higher judiciary. All the political parties are in favour of it. But the government’s mere suggestion to the judiciary to take affirmative action is not working. The government should pass an executive order in the same way 27 per cent reservation for OBCs ingovernment jobs was issued,” he said.