Bihar reiterates parents’ salaries, agricultural income cannot be counted for OBC creamy layer
The Bihar government has reaffirmed that parents' salaries and agricultural income should not be included when calculating the 'creamy layer' status for OBC reservation eligibility. This directive follows ongoing legal debates and a Supreme Court judgment regarding the inconsistent application of income tests for backward class candidates.
Why it matters
This policy clarification is critical for ensuring equitable access to government reservations and highlights the ongoing tension between state-level implementation and federal judicial oversight in India.
The Bihar government has reiterated that officials in the State cannot include parents’ salaries and agricultural earnings when calculating income to determine the creamy layer status of Other Backward Classes (OBC) candidates.
In an order issued by the General Administration Department (GAD), the State government said that instructions issued by the Centre and the State on the income test stipulate this.
This comes in the backdrop of the Union government approaching the Supreme Court last week to seek clarity on how to apply the income test, especially in light of the top court’s March 11 Rohith Nathan judgment. Interestingly, in doing so, the Union government has also argued that in some cases, there may be a need to include salaries of parents to distinguish creamy layer candidates among OBC candidates.
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