Congress president accused BJP of trying to end reservations | File Photo
Asserting that the idea of denying reservation to SCs and STs due to the creamy layer concept is “reprehensible”, Congress president Mallikarjun Kharge on Saturday said the government should have brought a legislation in Parliament to overturn the Supreme Court judgement on the issue.
Earlier this month, a seven-judge bench of the Supreme Court headed by Chief Justice DY Chandrachud ruled in a 6:1 majority judgment that state governments could sub-classify communities within the Supreme Court list based on empirical data.
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.
“Who do they want to benefit by introducing a creamy layer? By introducing the concept of creamy layer, on the one hand, they are denying access to the untouchables and on the other hand, they are giving privileges to those who have enjoyed them for thousands of years. I condemn this,” Kharge told reporters here.
This creamy layer issue raised by the seven judges shows that they have not thought about the SCs and STs in a serious manner, he said.
“As long as untouchability exists, reservations must be there and will be there. We will fight for them,” Kharge said.
The Congress president accused the BJP of trying to do away with reservations.
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.
This government prepares bills in a few hours and it has already been about 15 days since the ruling, he said.
Kharge’s comments come a day after the Union Cabinet said there was no provision for a creamy layer of reservation for SCs and STs 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 lower castes and lower castes as provided for in the Constitution.
“The Union Cabinet is of the full right 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 here.
First published: August 10, 2024 | 16:09 IS
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