The Supreme Court of India, in Raghavendra Fakeerappa Chandranavar v. Department of Backward Classes Welfare, emphasized that EWS (Economically Weaker Sections) and creamy layer must have different criteria because EWS addresses economic backwardness while creamy layer addresses social backwardness; if both were equated, there would be no meaningful distinction between them.
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“EWS, There Is No Social Backwardness. But Only, There Is Only Economic Backwardness”Added:
But there has to be some difference between EWS and creamy layer also.
Otherwise there shall be no difference what soever.
If all the incomes will be added and there was at most a creamy layered jurisdiction comes with the history. Sahni Judgment Kem Prasad Ramnandan Prasad Committee to say there is no social backwardness. But there is only economic backwardness.
Because that is why the criteria in creamy layer has to be much above. Much liberal than EWS. If both will be equated then there shall be no difference notice now you take notice
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