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Journalism of Courage
NEW DELHI, DECEMBER 13: In a significant judgement to help the needy among backward to get the benefit of reservation, the Supreme Court today struck down as "unconstitutional’ a Kerala Act which had said the state did not have any `creamy’ layer among the Other Backward Classes (OBCs).
In the judgement relating to the Mandal Commission in November 16, 1992, the Apex Court had allowed 27 per cent reservation for the OBCs but had directed the states and Union territories to set up commissions to identify the `creamy’ layer among them so that they could be excluded from the benefits of reservation in education and services.
A bench comprising Justice M J Rao, Justice D P Wadhwa and Justice M B Shah quashed the Kerala State Backward Classes (reservation of appointments of posts in services under the state) Act, 1995 as Sections three and four of the Act contained a declaration that the state did not have any `creamy’ layer among the OBCs.
The court severely pulled up the state of Kerala saying it hadcommitted contempt of court by not adhering to the law laid down and directions issued by the Apex Court in the Mandal case.
The state after the court direction in 1992, had set up a committee of MLAs to identify the creamy layer among OBCs. The committee submitted reports saying there was no creamy layer among the backward classes. Taking into consideration the committee reports, the state legislature in 1995 passed the Act.
"By bringing into force the 1995 Act, the state has attempted to make unequals equal and equals unequal," the court said and added because of the Act, candidates from the families of IAS and IPS officers, rich agriculturists and businessmen, who were to be declared `creamy’ among OBCs under the court’s 1992 judgement, have "reaped benefits of reservation".
However, the court did not press for contempt against the state saying the Act was brought about by the legislature, which could not be punished for contempt.
The court, in the meanwhile, had appointed a committee under aretired judge of Kerala High Court, Justice K J Joseph, to identify the `creamy’ layer and the same has already submitted a report identifying the upper echelons of backward classes.
