Abstract

The reservation policy exists in the Indian Constitution post-independence, derived from colonial affirmative action policies for supporting backward areas and classes including SC, ST &OBC. Originally it was framed for uplifting social justice but over time especially with the introduction of creamy layer concept; the policy looks to remove the economically privileged persons coming under the OBC category. This work engages in a critical analysis of the constitutional, statutory and the common law processes governing policies touching on reservations and reviews performance and shortcomings of the creamy layer. While the creamy layer principle makes everyone who serves a reservation group to be equal, the basic idea of affirmative action is criticised for failing to address caste-based discriminations. In this paper, the author offers an extended strategy based on the economic and social parameters and aims at expanding the effectiveness of the principle for defining inclusive social justice. The study therefore encourages constant review of the reservation policies since the socio-political and economic status of backward classes in India require refinement.

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