Congress president Mallikarjun Kharge on Saturday said the government should have brought a legislation in Parliament in a bid to nullify the part of the recent Supreme Court judgement that talks about SC creamy layer issue. The congress supremo also termed the idea of denying reservation to SCs and STs on account of the creamy layer concept is "condemnable"
According to Kharge, while the other aspects of the Supreme Court judgement were being deliberated upon by the party, the creamy layer concept that has been advocated should be nullified.
Kharge's reaction came 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 judgement 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.
Supreme Court's recent judgement on SC creamy layer
A seven-judge Bench of the Supreme Court led by Chief Justice (CJI) D Y Chandrachud ruled in a 6:1 majority judgement in favor of the state governments right to sub-classify communities within the SC list based on empirical data.
According to Supreme Court judge Justice B R Gavai, the states should formulate a policy to identify the creamy layer among the Scheduled Castes (SC) and Schedule Tribes (ST) and deny them the benefit of reservation.
What all did Kharge say?
"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," Kharge said.
Fuether commenting on the matter, he said, "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."
"Till the time untouchability exists, reservation should be there and will be there. We will fight for it," Kharge further added.
"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 continued.
"I would like to appeal that all people should unite and ensure that this judgement does not get recognition and this matter should not be raised again," he added.
