Polity · 26 Aug 2026

OBC creamy layer Article 14

In Union of India v. Rohith Nathan (2026), the Supreme Court struck down a 2004 DoPT clarification on the OBC creamy-layer test for violating Article 14. Which one of the following best describes the discriminatory distinction that was struck down?

AIt applied different creamy-layer income thresholds to candidates from the General and OBC categories
BIt assessed children of government employees by post-equivalence, but children of PSU and private-sector employees by salary income alone, within the same OBC category
CIt excluded agricultural income entirely from the creamy-layer wealth test for all OBC candidates
DIt applied the creamy-layer test only to candidates selected through the Civil Services Examination, exempting all other UPSC-conducted examinations
About this question

Why in news

With the Supreme Court's six-month implementation deadline expiring September 11, 2026 and the CSE-2025 Foundation Course due to begin imminently at LBSNAA, the Centre has sought directions limiting the judgment's retrospective reach to protect the "substantially concluded" CSE-2025 selection process from being reopened.

Why for UPSC

UPSC often probes the exact mechanism of a struck-down administrative rule rather than just its outcome - this question tests whether the aspirant grasps precisely which distinction was found unconstitutional, a common source of confusion given the case's overlapping numbers (2004 clarification vs. 1993 OM vs. 2026 judgment).

Prelims summary

The 2004 DoPT clarification used two different creamy-layer yardsticks within the OBC category - post-equivalence for government employees' children, salary income alone for PSU/private-sector employees' children. The Supreme Court in Union of India v. Rohith Nathan (2026) struck this down as violating Article 14, giving government six months (till September 11, 2026) to implement the correction.

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