Asserting that the idea of denying reservation to SCs and STs on account of the creamy layer concept is “condemnable”, Congress president Mallikarjun Kharge Today (August 10th) said the government should have brought legislation in Parliament to nullify the part of the recent Supreme Court judgment that talks about the issue.
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NEW DELHI: In a strong statement on Saturday, Congress President Mallikarjun Kharge criticized the concept of denying reservation to Scheduled Castes (SCs) and Scheduled Tribes (STs) based on the “creamy layer” concept, calling it “condemnable.”
Kharge argued that the government should have introduced legislation in Parliament to overturn the recent Supreme Court judgment that advocates for this idea.
Kharge emphasized that while the Congress party is still deliberating other aspects of the Supreme Court’s decision, the specific endorsement of the creamy layer concept should be nullified.
Earlier this month, a seven-judge Bench of the Supreme Court, led by Chief Justice DY Chandrachud, ruled in a 6:1 majority that state governments could sub-classify communities within the SC list based on empirical data.
Justice B R Gavai, in his opinion, stated that states should develop policies to identify the creamy layer even among SCs and STs and deny them the benefits of reservation.
“Who do you want to benefit by bringing a creamy layer? By bringing a creamy layer (concept), on one hand, you are denying untouchables and giving to those who have enjoyed privileges for thousands of years. I condemn this,”
-Mr. Kharge told reporters.
He went on to argue that the Supreme Court’s stance on the creamy layer shows a lack of serious consideration for the plight of SCs and STs.
“This issue of the creamy layer that has been raised by the seven judges shows that they have not thought about SCs and STs in a serious manner,”
–Kharge said.
Kharge reaffirmed his stance on the necessity of reservations for SCs and STs, linking it directly to the ongoing issue of untouchability.
“Till the time untouchability exists, reservation should be there and will be there. We will fight for it,”
-he asserted.
He also accused the ruling Bharatiya Janata Party (BJP) of attempting to undermine the reservation system.
Kharge criticized the government’s move towards privatization, which he claimed was a tactic to bypass the reservation policy.
“The government has privatized the public sector jobs, and there are a lot of vacancies, but they are not recruiting,”
-Kharge said.
“SCs and STs are not able to get jobs. No SCs are at the high-level positions. They are trying to suppress the SCs and STs by classifying them in a creamy layer.”
Expressing surprise at the Supreme Court’s decision, Kharge highlighted the ongoing discrimination faced by SCs and STs, regardless of their economic status.
“I found the court’s decision surprising. Those who are facing untouchability in real life and those people belonging to SCs and STs even on high posts are facing discrimination. If they have money even then they face discrimination,”
-Kharge noted.
Kharge called for unity in opposing the judgment and preventing its implementation.
“I would like to appeal that all people should unite and ensure that this judgment does not get recognition and this matter should not be raised again,”
-he added.
The Congress leader also mentioned that the party is in the process of discussing other elements related to sub-categorization and will decide on future actions after consulting with intellectuals and leaders from various states.
“We will do everything possible for the protection of SCs and STs,”
–Kharge assured.
Kharge took a jab at the government, noting that despite Prime Minister Narendra Modi’s assurances, no legislative action had been taken to prevent the implementation of the creamy layer concept.
“I read that the PM said we will not touch this. To ensure that creamy layer (concept) will not be implemented, they should have brought (a legislation) in Parliament and nullified the Supreme Court judgment,”
-he said.
“This government prepares bills in a few hours, and now it has been about 15 days since the judgment,”
-he added.
Kharge’s comments come a day after the Union Cabinet, led by Prime Minister Narendra Modi, reaffirmed that there is no provision for a creamy layer in the reservation system for SCs and STs as enshrined in the Constitution by Dr. B R Ambedkar.
The Union Cabinet held detailed discussions on the Supreme Court judgment regarding the sub-categorization of reservations and reiterated the government’s commitment to the constitutional provisions.
“It is the well thought view of the Union Cabinet that the NDA government is firmly committed to the provisions in the Constitution given by Dr. Babasaheb Ambedkar,”
-Information and Broadcasting Minister Ashwini Vaishnaw stated.
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