File photo used for representational purposes.

NEW DELHI: Cocking a snook at Modi government’s plan, the National Commission for Backward Classes is learnt to have opposed the proposal to include “salary” in an OBC household’s “gross annual income” for “creamy layer” test. The proposal will lower the threshold to exclude the OBCs from availing reservations.

The national panel is also against the proposal to hike the income ceiling for determining the “creamy layer” from Rs 8 lakh to Rs 12 lakh, calling it meagre. It instead wants the ceiling to be raised to a “net income” of Rs 16 lakh – which means income after the deduction of income tax. The income ceiling is revised every three years and was last done in 2017.

According to informed sources, Union ministry of social justice and empowerment, which recently moved the proposal to radically redefine the concept of “creamy layer”, is aware of the views of the NCBC.

“Creamy layer” is the category among OBCs which is considered affluent and deemed ineligible for 27% Mandal quotas.

The ministry’s proposal was based on the recommendations of an expert committee which was set in March 2019 to revisit and simplify the 1993 OM which lays down the norms of “creamy layer”.

As per the 1993 OM, the “gross income” of a person seeking to avail Mandal quotas includes “income from other sources” but excludes “salary” and “agriculture income”.

As reported by TOI, the expert committee suggested that Income Tax Act be made the benchmark to calculate the creamy layer for all OBCs. The I-T Act includes “salary” and “other sources” but leaves out “agri income”.

Now, clubbing “salary” with gross income would more easily put an OBC household in the “creamy layer” bracket and disqualify it from quotas in public education and employment.

An official said the backward panel favours the 1993 OM and believes that revision on the lines proposed by the government would hurt the interests of the backward classes.

While the government argues that its proposed initiative would simplify the 1993 OM which has been a source of confusion and controversies, the view is not in sync with the opinion of the vast Mandal classes – a sprawling population which has the political muscle to confront the government. Given that elections in the Mandal hub of Bihar are slated for October, any decision on the vexed issue would be a political one to be taken by the BJP leadership.

