Shillong Panel Recommends Creamy Layer Review for State Reservation Policy
Shillong Panel Suggests Creamy Layer in Reservation Policy

Shillong Expert Committee Proposes Creamy Layer Review in State Reservation Policy

In a significant development, the expert committee on the State Reservation Policy in Shillong has submitted its report to the assembly, recommending that the state government consider introducing the "creamy layer" principle where constitutionally applicable. This move aims to ensure that reservation benefits are directed toward the most disadvantaged sections within reserved categories, enhancing the effectiveness of affirmative action measures.

Committee Reaffirms Constitutional Basis for Reservation

The committee strongly reaffirmed that reservation should not be determined solely based on population proportions of any tribe or caste. Instead, it emphasized that the primary constitutional considerations must remain focused on social and educational backwardness, historical disadvantage or injustice, and adequacy of representation in public services. The report explicitly stated, "The Constitution provides for affirmative action based on socio-economic backwardness and under-representation, and not on religious affiliation," underscoring the legal framework guiding such policies.

Extensive Consultations and Stakeholder Engagement

Constituted on September 12, 2023, the expert committee was tasked with a comprehensive review of the existing Reservation Policy of 1972. Its mandate included recommending modifications if necessary and undertaking wide-ranging consultations with stakeholders across Meghalaya before submitting the report within 12 months. The committee engaged in extensive dialogues with representatives of tribes, communities, civil society organizations, employee associations, academic experts, student bodies, and other key stakeholders. Additionally, written submissions were invited and examined in detail to ensure a thorough and inclusive process.

Recommendation to Retain 1972 Policy Framework

After meticulously examining all representations and views, the committee recommended retaining the 1972 Reservation Policy in its present form. It noted that a majority of stakeholders supported the continuation of the existing framework and that no compelling grounds currently exist for fundamental alteration. This decision reflects a balanced approach, respecting historical context while proposing targeted improvements like the creamy layer review.

Observations on Educational Institutions and Future Steps

While the committee acknowledged that the extension of reservation to educational institutions was outside its formal mandate, it observed that the government may independently examine this issue if deemed necessary, in alignment with constitutional provisions. This leaves room for potential future discussions on broadening the scope of reservation benefits beyond public services.

The report's findings highlight a nuanced approach to reservation in Meghalaya, aiming to refine policies to better serve marginalized groups without overhauling the established system. As the state government reviews these recommendations, stakeholders await further actions that could shape social equity measures in the region.