Introduced first in 1992 by the Supreme Court (SC), the creamy layer concept was defined as those who were children of the elite of the Other Backward Classes (OBC) and has now been extended to cover those who are in the Scheduled Castes and Tribes too.
Reading the 1992 judgment closer, the SC had proscribed reservation for children of Constitutional functionaries such as the President, judges of the Supreme Court and High Courts, employees of the Central and State bureaucracies beyond a certain level, public sector employees, armed forces and paramilitary personnel above the rank of Colonel, lawyers, chartered accountants, doctors, financial and management consultants, engineers, film artists, authors, and playwrights. Further, children of those earning Rs. 2.5 lakh (USD 5,500) per year are to be exempted.
Nowhere in this ruling are politicians mentioned. While they are supposed to get a low salary, the bribes and accumulated illicit money is not accounted for and their children continue to derive reservation benefits.
