Judgment

M. Jagannadha Rao, J.-The cases in this batch raise common issues relating to the identification of ‘creamy layer’ among the Backward Classes in the State of Kerala and the implementation of the law declared and directions issued in Indira Sawhney v. Union of India1. The State of Kerala took time for implementation of the directions in Indira Sawhney for appointment of a Commission for the purpose of identifying the creamy layer in the State but it failed to appoint a Commission or to proceed with the implementation. Indira Sawhney was decided in 1992. For more than three years the State of Kerala did not implement the judgment. This Court by its order dated 10.7.1995 held (In IAs. 35, 36 filed by the State for extension of time etc.) that the State of Kerala, represented by its Chief Secretary was guilty of contempt but gave a further opportunity to the state to purge the contempt and adjourned the matter to 11.9.1995. It was made clear that if the directions of this Court were not complied with, the Chief Secretary would ‘run the risk of being sentenced’. Having sought time for years to appoint a Commission, the Kerala Legislature then suddenly came forward with the Keral