SC OBC Creamy-Layer Verdict: Centre Seeks 2 Years for Prospective Implementation

SC's March 11 Creamy Layer Judgment: Centre Seeks Clarification for 100 OBC CSE-2025 Candidates

Centre has approached SC seeking clarification on its March 11 judgment that ruled income cannot be the sole criterion for creamy layer among OBCs. The plea concerns 100 candidates selected in CSE since 2016 but rejected due to creamy layer criteria. The government warns retrospective application could disrupt CSE-2025 training and allocation.

Centre Seeks SC Exemption for CSE 2025, 2026 from OBC Creamy Layer Income Test Retroactivity

The Centre has urged the Supreme Court to keep CSE 2025 and 2026 out of the Rohith Nathan judgment's retrospective operation, allowing the older OBC creamy layer income test to continue. It warns that retrospective application would hit 3.7 lakh OBC recruitments since 2016 and trigger widespread litigation across Railways, Banks, Posts and paramilitary.

SC Rules on OBC Creamy Layer Income Test: Salaries Excluded, Centre Seeks Clarification on Retrospective Impact

The Supreme Court in March 2026 ruled that while determining OBC creamy layer status, income from salaries and agriculture must be excluded from the income/wealth test. The Centre now seeks clarification, arguing retrospective implementation from 2012 is 'extremely difficult' and would cause a cascading effect on recruitments and admissions.

SC Special Bench to Decide OBC Creamy Layer Verdict's Applicability to CSE 2025

The Supreme Court will hear the Centre's plea seeking clarity on whether its March 2026 OBC creamy layer verdict applies to CSE 2025, which was largely concluded before the judgment. This tests the 'rules of the game' doctrine in service law and affects hundreds of OBC candidates' reservation status.

Govt to SC: Only Parliament Can Extend Creamy Layer to SC/ST; Cites Article 341, E V Chinnaiah Case

The government has told the Supreme Court that extending the creamy layer principle to SC/ST is a policy decision for Parliament alone. This reaffirms that reservation for SC/ST is based on historical social criteria, not just economic status, and the creamy layer concept currently applies only to OBCs.

Bihar GAD Reasserts Parents' Salaries, Agricultural Income Exempt in OBC Creamy Layer Test

Bihar's GAD order of September 1, 2026 reiterates that parents' salaries and agricultural income cannot be included in the income test for determining OBC creamy layer status. This follows the Supreme Court's March 11 Rohith Nathan judgment, which flagged 'hostile discrimination' in how the income test was applied differently. The Centre has separately sought SC clarity, even arguing that salary income may be the 'sole intelligible differentia' between OBC candidates in some cases.

Supreme Court Seeks Centre's Response on Polygamy Challenge under Section 82 BNS

The Supreme Court has sought the Centre's response on a petition challenging the constitutional validity of polygamy and asked it to consider legislative steps to abolish the practice for all citizens. The petition seeks to treat polygamy as a criminal offence under Section 82 of the Bharatiya Nyaya Sanhita, which currently applies only to non-Muslims. This case could have far-reaching implications for Muslim Personal Law and gender justice.

Centre Opposes Creamy Layer for SC/STs; SC Davinder Singh Judgement Allows Sub-Categorisation

The Union government has opposed extending the creamy layer concept to SC/STs in the Supreme Court, arguing it is not applicable to these categories. This comes after the 2024 Davinder Singh judgment allowed sub-categorisation within SC/STs, potentially reshaping reservation policies. Students must understand the distinction between OBC creamy layer and SC/ST sub-categorisation for polity and social justice segments.