What is the difference between creamy and non creamy layer of OBC

474 votes

India is a diverse country of various religions and the predominant religion, Hinduism is divided into castes where the upper castes had created a strong social hierarchy to oppress and benefit out of the lower castes. Keeping in mind the social injustices suffered by the lower castes, in 1979, the Mandal Commission, headed by Bindeshwari Prasad Mandal, was the Second Backward Class Commission formed to identify the “socially or educationally backward classes of India”. This commission proposed to give 27% reservation to OBC (Other Backward Classes), which resulted in 49% of jobs for them in public universities and public services.

We have discussed below: what is the creamy layer? What is a non-creamy layer? and the difference between a creamy and non-creamy layer of OBC.
 

What is Creamy Layer?

Creamy layer is a term used in Indian politics to refer to the relatively forward and better-educated members of the Other Backward Classes (OBCs), who are not eligible for government-sponsored educational and professional benefit programs. The term was introduced by the Sattanathan Commission in 1971, which directed that the “creamy layer” should be excluded from the reservations (quotas) of civil posts.
 

Creamy Layer Income Limit

The creamy layer (income) criteria were defined as annual family income from all sources more than 100,000 rupees (INR defined by Santhanam committee in 1971, together abbreviated Rs 2.5 lakh) per annum in 1993, and revised to Rs. 4.5 lakh (2004), Rs 6 lakh (2013) and Rs 8 lakh (2017).

In October 2015, the National Commission for Backward Classes (NCBC) proposed that a person belonging to OBC with an annual family income of up to Rs 15 lakh should be considered as the minimum ceiling for OBC. The NCBC also recommended the sub-division of OBCs into ‘backwards’, ‘more backwards’, and ‘extremely backward’ blocs and divide 27% quota amongst them in proportion to their population, to ensure that stronger OBCs don’t corner the quota benefits.
 

Non-Creamy Layer Certificate

Non-Creamy Layer Certificate is also known as Other Backward Class Certificate, was introduced by former Prime Minister V.P.Singh in 1993. With the implementation of this certificate, a lot of jobs were allocated in Central Government and Public Sectors for persons holding the certificate.

Students holding Non-Creamy Layer Certificate also enjoy certain allocation in top educational institutions like IIT and IIM. Non-Creamy Layer Certificate is issued by the Tahsildar of the concerned State Government. Hence, the procedure for obtaining the Non-Creamy Layer Certificate differs from State to State.
 

OBC Creamy Layer

Other Backward class creamy layer is a category of OBC; people belonging under this are financially better off or wealthier. They are way better than the other people belonging to the OBC category.

The creamy layer among the OBC are better educated and the GOI has defined the Creamy Layer among OBCs as those earning more than Rs.8lakhs per annum. OBC creamy layer does not get any benefit anymore. They are treated the same way the general category is treated.
 

What is OBC Non Creamy Layer?

If a total family income is less than 8 lakh per annum, the family is considered to fall in non-creamy OBC category. Such families are entitled to a certificate of OBC non-creamy layer. Any person belonging to the non-creamy OBC category will be enjoying all the benefits and will be getting the relaxation of age in competitive exams as well.

If anyone falls under the non-creamy OBC category, they will be getting reservations while applying for government jobs or government posts. However, to avail all these benefits, they will have to obtain a certificate that is called an OBC certificate. The certificate is valid in every state of India except for Tamil Nadu. The validity of the certificate is for one year, and it starts from the very day of receiving it.
 

OBC Non-creamy Layer Certificate Eligibility

Non-creamy layers have a certain eligibility criteria to ensure that the right and deserving candidate gets the certificate. Here are some points that are considered while categorizing people as an OBC non-creamy layer.
 

Income Limit

1. Income of Person and Family combined

A person can apply for an OBC certificate only if the annual income of the family is less than rupees eight lakhs per annum. If it were more than the given figure, they would not be getting the non-creamy category certificate. (Income from agriculture/ farming is not included in this).
 

2. Parents Employed under Central Government

If a person’s parents, is a part of central government or is working under Group C and Group D category under the central government, the person is eligible to apply for the non-creamy OBC certificate.
 

3. Employee under Central Government

If a person himself or herself is a part of central government or is working under central government’s group B category, then that very person is eligible to apply for an OBC non creamy layer certificate. It is to be noted that it is valid only if the person’s parents do not receive any income like that of pensions.
 

4. Husband Employed under Central Government

If a woman’s husband is employed under the Central Government, then that woman would be eligible to apply for the certificate provided that her parents do not receive any kind of income.
 

Difference between a Creamy and Non-Creamy Layer of OBC

OBC creamy layer	OBC non-creamy layer
Income: Above 8 Lakh	Income: Below 8 Lakh
Family Income: Above 8 lakh when added together (Income from farming not to be included)	Family Income: Below 8 lakh When total of all family member income (Income from any farming sources are not included)
Treated as equivalent to the general category hence get few or no benefit in government schemes and examinations.	Gets Benefit in government released scheme and competitive examination.

How to Apply for OBC Certificate?

The application for the OBC certificate can be done by both online and offline methods provided, the person is eligible for the application.

Offline Method to get OBC Certificate

For getting the caste certificate or the OBC certificate through offline mode, you have to visit your nearby tehsil office, SDM office, Revenue office or SETU/ CSC centers. Step by Step Method for application is given as under:

• You will be getting an application form for a caste certificate which you will have to fill with correct details like contact information, address and other personal details.

• In the section of caste detail, you have to fill the caste details of your father. If the father is no more, then you will need any other blood relative’s caste certificate or documents.

• According to the caste certificate that you get, you have to tick the caste option that you are applying for.

• If you have changed the state or has migrated from one state to another, then it must be specified in the form as well.

• A self-declaration part has to be signed and filled.

• Lastly, you have to paste a passport size photograph and submit the local address and reference for the further verification of the process.

• After that you have to submit the original application form with self-attested documents in the office.

• You have to wait for 30 to 35 days for the caste certificate to get.
   

Online Method to Apply for OBC Certificate

Only a few states offer the online mode of registration. If you belong to that state where online mode is available, you can visit the state’s backward class welfare portal. Step by Step Method to apply has been stated below for your kind perusal:

• Click on the link which shows “apply for caste certificate online”.

• Either create an account in the portal itself or can start filling the online application form provided within the site.

• Fill your details such as contact details, address, personal details and other required details.

• The verification of the details you have provided so far has to be done by you.

• After checking the details, you can submit the data with the proof of documents as well.

• After submitting, you will be getting a slip of acknowledgement in addition to the application number.

• You could print out the slip if he or she wants or can save it offline. You need to save the application number so as to keep a check on application status.

• After having the verification done, you can directly download your caste certificate from the link or the portal itself.

• An email or SMS will be generated on the completion of the process.
   

Documents Required for OBC Creamy Layer Certificate

You are required to attach these certificates and document while applying for the OBC certificate:

1. Community certificate.
2. School Leaving Certificate.
3. Ration Card.
4. Income Certificate.

LawRato LawRato

593 votes

Creamy Layer OBC is that category of OBC wherein the members are wealthier/better off and overall more privileged than the other members belonging to OBC. Non-creamy layer OBC is the other category of OBC which is not as socially/economically advanced as the Creamy Layer OBC.

Difference between Creamy and Non-Creamy Layer in OBC

In India, the OBC (Other Backward Classes) category can be subcategorized into two - i.e. Creamy Layer OBC and Non-Creamy Layer OBC. The concept of the creamy layer has arisen out of necessity - in this case when caste is taken as a class. However, it is pertinent to understand that it is a concept only for the OBCs and not for any SC/ST candidates.

Basic Difference:

The term Creamy Layer is used for a particular category of OBC, or those members of the OBC that are wealthier, better educated and overall better off in comparison to other members of the OBC category. This is the basic difference between the Creamy layer and the Non-creamy layer OBC.

To make the OBC a homogeneous class, the developed or more advanced persons are excluded from getting benefits/reservations by applying this principle. The OBC creamy layer does not get any benefit and is treated as a part of the General Category.

As a rule, the creamy layer is decided, based upon the income of the parents/household. Thus, if the parents’ income of a person belonging to the OBC category is above Rs. 8 Lakhs per annum, he would fall under the “Creamy Layer”. Similarly, OBC persons where the household income is below Rs. 8 Lakhs per annum, would fall under the “Non-Creamy Layer” of OBC and would thus be entitled to the relevant benefits/reservations.

Need for “Creamy Layer” in OBC category:

Members of OBC are entitled to receive benefits by the State. This rule was made as a part of positive discrimination, in order to uplift the Backward Classes. However, technically, OBC category also includes certain “advance” persons.


The members of a caste/community should receive benefits by the state because they are socially, economically or educationally backward, and not only because they belong to a particular caste or community. Thus, if a person is advanced socially, economically or educationally, he no longer shares the properties of that class and shall hence not be considered for the benefits and state protection. This is the reason why the concept of the creamy layer under OBCs was created.


Thus, if the advanced or “creamy layer” of OBCs is excluded, the weaker section of OBC will be benefitted, and rightly so. On the other hand, if the creamy layer is not excluded, the poor and the deprived OBCs will be forced to compete with the rich and powerful section of OBC.

Eligibility Criteria for OBC Non-Creamy Layer:

If you fall under the OBC non-creamy layer, you can get reservations while applying for government jobs/posts. However, it is mandatory to obtain an OBC certificate (except in case of Tamil Nadu Govt.) for people falling under this category to avail the benefits. This certificate is valid for a year, from the date of receiving it. Given below are the eligibility criteria and special circumstances for obtaining the non-creamy layer OBC certificate, in order to avail the benefits that the Government has to offer:

1. Income: Only when the income of the person’s parents is below Rs. 8 Lakhs, the person will belong to the non-creamy layer category and can apply for the certificate.

2. Parents working under Central Govt.: If either of the parents of a person is working under Group C and D category of the Central Govt., or under Group II, III and IV of the officers’ category of the Tamil Nadu State Govt., that person will be eligible to apply for the certificate.

3. Person working under Central Govt.: If a person is working under Group B category of the Central Govt., or Group I of Tamil Nadu State Govt., then he/she will be qualified to for obtaining the OBC non-creamy layer certificate, provided that this person’s parents do not receive any income of any kind.

4. Husband working under Central Govt.: A wife would be eligible to apply for OBC certificate if her husband is working under the Central Govt. and if her parents do not receive any kind of income.


Persons who do not fall under the category of the non-creamy layer of OBC:

There are certain cases that come under the Backward and Most Backward Castes which are not included in the Central Govt.’s OBC category and can not hence apply for the certificate. Similarly, if the parents of the applicant are employed under Group A or B services, including IPS, IAS, and IFS, or if the parents (or either of them) are working in the private sector as businessmen, lawyers, doctors, engineers etc. and if their income is above Rs. 8 Lakhs per annum, they would not be eligible for the said OBC certificate.


As a general rule, if the applicant’s parents’ income is above 8 Lakhs, he/she would not be qualified for obtaining the non-creamy layer certificate, and would fall under the “creamy layer”.

Advocate Manisha Chauhan LawRato

961 votes

OBC Creamy layer does not get any benefit.They does not come under reserved category anymore.They are treated equal to General category candidate.The difference between Creamy and Non creamy layer is on the basis of Annual income of Family.If the annual income of the family is more than 4.5lakhs per annum,the candidate is considered to be under Creamy layer and does not get any benefit of reservation.The Union ministry is considering to raise the bar to 6laks per annum and it will be done this week itself. OBC non creamy layer gets benefits for exams and jobs.

Advocate Siddhant Sharma LawRato

857 votes

Hello,

OBC and NC OBC are the two classes into which OBC is divided on the basis of annual salary in the OBC category.
NC OBC is Non Creamy Layer OBC while OBC is Creamy Layer OBC.


OBC Creamy layer does not get any benefit.They does not come under reserved category anymore.They are treated equal to General category candidate.The difference between Creamy and Non creamy layer is on the basis of Annual income of Family.If the annual income of the family is more than 4.5lakhs per annum,the candidate is considered to be under Creamy layer and does not get any benefit of reservation.The Union ministry is considering to raise the bar to 6laks per annum and it will be done this week itself. OBC non creamy layer gets benefits for exams and jobs.


Regards

Advocate Anilesh Tewari LawRato

299 votes

The Creamy Layer and the Non-Creamy Layer are terms used in the context of Other Backward Classes (OBC) in India to determine eligibility for certain reservations and benefits. Here's the difference between them:

1. Creamy Layer of OBC: This category includes OBC members who are relatively more privileged, financially better off, and well-educated. Individuals falling in the Creamy Layer do not receive the benefits of reservation in education and employment. They are expected to compete on an equal footing with the general category.
2. Non-Creamy Layer of OBC: This category comprises OBC members who have less financial privilege and lower educational qualifications. Those in the Non-Creamy Layer are eligible for reservation benefits in education and government job opportunities.

The Creamy Layer concept aims to ensure that reservation benefits are directed towards those OBC individuals who genuinely need them due to socio-economic disadvantages. This segregation helps in equitable distribution of opportunities and resources.
In summary, the Creamy Layer includes more privileged OBC individuals who do not receive reservation benefits, while the Non-Creamy Layer consists of those who are eligible for these benefits.
For a Non-Creamy Layer certificate, applicants must meet certain criteria related to income and other factors. It's essential to understand these categories to ensure that affirmative action policies effectively uplift those who need them most.

Advocate Chikirsha Mohanty LawRato

192 votes

The income of the parents is divided into two layers: Creamy Layer and Non-Creamy. The person who earns more than 8 lakh will be in the Creamy Layer. If the income falls below 8 lakhs the person will be placed in the Non-Creamy layer. These are the eligibility criteria to obtain a Non-Creamy Layer Certificate.

Advocate Chikirsha Mohanty LawRato