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Govt. should have brought a law in Parliament to nullify the concept of creamy layer for SC/STs: Kharge

Govt. should have brought a law in Parliament to nullify the concept of creamy layer for SC/STs: Kharge

The Hindu
Saturday, August 10, 2024 04:35:05 PM UTC

Congress president Kharge criticizes Modi government for not legislating to resolve SC/ST reservation confusion post Supreme Court judgment.

A day after the Narendra Modi government made it clear that the “creamy layer” principle will not be applied to reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs), Congress president Mallikarjun Kharge on Saturday said the government should have brought in a legislation in Parliament to resolve the confusion, created by the Supreme Court judgment on sub-categorisation of SCs and STs.

However, Mr. Kharge said the party is holding more consultations on the core issue of sub-categorisation of SCs and STs.

On August 1, a seven-judge Bench of the Supreme Court led by Chief Justice D.Y. 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. However, Supreme Court judge Justice B.R. Gavai, concurring with four other judges, gave a suggestion that States must evolve a policy to identify the “creamy layer” even among SCs and STs and extend the benefit of reservation to them.

On Friday, the Union Cabinet categorically rejected the suggestion with Law Minister Arjun Ram Meghwal informing the Lok Sabha that the bit about “creamy layer” was just an observation and not part of the judgment.

“I read that the Prime Minister 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,” Mr. Kharge said in a video statement, in response to the court’s observation.

“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,” he added.

Strongly pitching for nullifying the concept of creamy layer, the party is holding more consultations on the core issue of sub-categorisation of SCs/STs.

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