Government Should Have Brought Bill To Nullify Supreme Court's 'Creamy Layer' Observation: Mallikarjun Kharge

Asserting that the idea of denying reservation to SCs and STs on account of the creamy layer concept is "condemnable", Congress president Mallikarjun Kharge on Saturday said the government should have brought legislation in Parliament to nullify the part of the recent Supreme Court judgment that talks about the issue.

Mr Kharge said that while other aspects of the Supreme Court judgment were being deliberated upon by the party, the creamy layer concept that has been advocated 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 judgment that state governments were permitted to sub-classify communities within the SC list based on empirical data.

Supreme Court judge Justice B R Gavai had said that states must evolve a policy for identifying the creamy layer even among the Scheduled Castes (SC) and Schedule Tribes (ST) and deny them the benefit 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 here.

This issue of creamy layer that has been raised by the seven judges shows that they have not thought about SCs and STs in a serious manner, he said.

"Till the time untouchability exists, reservation should be there and will be there. We will fight for it," Mr Kharge said.

The Congress president accused the BJP of seeking to end reservation.

The government has privatised the public sector jobs and there are a lot of vacancies, but they are not recruiting, Mr 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," he said.

"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," Mr Kharge said.

"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 is discussing other things related to sub-categorisation and will decide on further steps after discussion with intellectuals and leaders of various states, he said.

"We will do everything possible for the protection of SCs and STs," Mr Kharge said.

"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 said.

Mr Kharge's remarks come a day after the Union Cabinet asserted that there was no provision for a creamy layer in the reservation for SCs and STs in the Constitution given by B R Ambedkar.

The Union Cabinet, at a meeting chaired by Prime Minister Narendra Modi on Friday, held a detailed discussion on the Supreme Court judgment on the sub-categorisation of reservation for SCs and STs as granted in the Constitution.

"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 told reporters here. 

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