Govt must nullify SC/ST 'creamy layer' judgement through legislation: Kharge

Congress president Mallikarjun Kharge on Saturday reiterated that the idea a 'creamy layer' within the Scheduled Castes (SCs) and Scheduled Tribes (STs) was "unacceptable" and urged the government to nullify the Supreme Court's judgement through legislation.

“Who do you want to benefit by bringing in a 'creamy layer' concept? By doing this, you are trying to deny the quota benefits to the untouchables and give it to those who have enjoyed privileges for thousands of years. I condemn this,” Kharge told reporters.

Earlier this month, a seven-judge Bench of the Supreme Court, led by Chief Justice of India D.Y. Chandrachud, delivered a 6:1 majority verdict allowing state governments to sub-classify communities within the Scheduled Castes and Scheduled Tribes 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 and Schedule Tribes for a more equitable distribution of the quota benefits.

Kharge, himself a Dalit, said that the judges 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,” he said.

Accusing the BJP government of attempting to dismantle the reservation system, Kharge said, "The SCs and STs are struggling to secure employment, and none are represented in high-level positions. By introducing the 'creamy layer' classification, they are further marginalising the SCs and STs".

Expressing his dismay at the Supreme Court's decision, he added, "It’s shocking that those who still endure untouchability and discrimination even at the highest levels are being subjected to further exclusion based on financial status. Even with wealth, SCs and STs continue to face discrimination."

The Union cabinet, at a meeting chaired by PM 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.

Earlier, a 70-member delegation of the BJP's SC/ST MPs met with PM, seeking his intervention in the matter. Modi, as per media reports, had assured them that no step would be taken on the court’s observations by the NDA government.

"The Prime Minister clarified that Justice Gavai's remarks in the Supreme Court order were merely observations and not binding on the government," a BJP MP who met with the PM was quoted as saying by the Indian Express.