Kharge condemns SC’s ‘creamy layer’ judgement, says Centre should have nullified it through Parliament – India TV

Congress president Mallikarjun Kharge on Saturday (August 10) condemned the Supreme Court judgment advocating provision of creamy layer even to scheduled castes (SCs) and scheduled tribes (STs) and said the Centre should have brought a legislation in Parliament in the recently concluded Monsoon Session to set aside the apex court verdict on the issue.

This comes after a seven-judge bench of the apex court headed by Chief Justice DY Chandrachud earlier this month ruled in a 6:1 majority judgment that state governments could sub-classify communities within the SC list based on empirical data.

What had the Supreme Court said?

Supreme Court judge Justice BR Gavai had said that states should develop a policy to identify the creamy layer even among scheduled castes (SCs) and scheduled tribes (STs) and deny them the benefit of reservation.

Kharge criticised the ruling and said: “Who do they want to benefit by introducing a creamy layer? By introducing a creamy layer (concept), on the one hand, they are denying the untouchables and giving privileges to those who have enjoyed them for thousands of years. I condemn this.”

The cream-of-the-table issue raised by the seven judges shows that they have not thought seriously about the lower and upper castes, he said. He stressed that reservation will continue to exist in the country “until there is untouchability”.

“As long as untouchability exists, reservation must be there and will be there. We will fight for it,” said Kharge, who accused the BJP of trying to do away with reservation.

The government has privatised public sector jobs and there are many vacancies, but they are not recruiting, Kharge said.

“SCs and STs cannot get jobs. No SCs are occupying senior positions. They are trying to suppress SCs and STs by classifying them in a creamy layer,” he said.

“I was shocked by the court’s decision. Those who face untouchability in real life and those belonging to lower and upper castes even in high positions face discrimination. Even if they have money, they face discrimination,” Kharge said.

“I would like to call on all people to unite and ensure that this verdict is not recognised and that this matter is not raised again,” he added.

The Congress is discussing other issues related to sub-categorisation and will decide on further steps after discussing them with intellectuals and leaders from various states, he said.

“We will do everything possible to protect the SC and ST castes,” Kharge said.

“I read that the Prime Minister said that we will not touch this issue. To ensure that the creamy layer concept is not implemented, they should have introduced a law in Parliament and overturned the Supreme Court ruling,” he said.

Cabinet meeting

Kharge’s comments come a day after the Union Cabinet asserted that there was no provision for a creamy layer in reservation for castes, schedules and tribes in the Constitution given by BR Ambedkar. The Union Cabinet, in a meeting chaired by Prime Minister Narendra Modi on Friday, held a detailed discussion on the Supreme Court’s judgment on sub-categorisation of reservation for castes, schedules and tribes as granted in the Constitution.

“The Union Cabinet is rightly of the view that the NDA government is firmly committed to the provisions of the Constitution as laid down by Dr Babasaheb Ambedkar,” Information and Broadcasting Minister Ashwini Vaishnaw told reporters.

(With PTI inputs)

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