Legally Yours: By Retd Justice K Chandru | Concept of creamy layer judge-made, no provision for it in quota for SC/STs
The concept of a creamy layer is judge-made. The Constitution says that the State will provide reservations until such communities are adequately represented in the services.
Concept of creamy layer judge-made, no provision for it in quota for SC/STs
How do you see the Supreme Court's suggestion for implementing a creamy layer rule for Scheduled Castes/Scheduled Tribes too? The central government and political parties oppose it. However, such a rule exists for Other Backward Classes (OBCs). So, isn't it a logical extension? Select few elites in the section seem to reap the benefits of reservation instead of more deserving people. If creating a sub-category among SC/STs is getting a judicial sanction, why not a creamy layer?
– S Ramasubramanian, Nangambakkam, Chennai
The concept of a creamy layer is judge-made. The Constitution says that the State will provide reservations until such communities are adequately represented in the services.
That situation is yet to come. As per the court's opinion, if one generation has gained from reservation then they should stop that family from getting any further chance.
Most of the quota is filled only at the Class IV and Class III level staff.
But in respect of higher posts still the quotas are not filled. Unless you allow several generations to have the benefit of quota, those posts will remain vacant forever. That is not the intention of the framers of our Constitution. The Supreme Court was wrong in suggesting the elimination of the so-called creamy layer from the quota. But the same court accepted reservations for upper castes under the Economically Weaker Sections (EWS) quota without elimination.
SC’s order that Hindu marriages invalid sans ceremonies won’t apply to TN
Will the recent Supreme Court order emphasizing that a Hindu marriage must be performed with the appropriate rites and ceremonies for it to be valid have any implications when it comes to property inheritance under the Hindu Succession Act? My sister, now a widow, is fighting a case for property and I am worried that her in-laws will misuse this order as their marriage was not carried out as per such rites.
-- Subramanian R, Poonamalee
The Supreme Court's judgment that Hindu marriages are not valid unless performed with requisite rituals will not apply to Tamil Nadu. We have a State amendment to the Hindu Marriages Act (section 7-A) introduced by Dr CN Annadurai in 1967 by which even without rituals marriages will be treated as valid. They are called self-respect marriages.
