Mallikarjun Kharge Criticizes Supreme Court’s ‘Creamy Layer’ Observation, Calls for Legislation to Nullify It
10.08.2024: Congress President Mallikarjun Kharge has strongly criticized the Supreme Court’s recent judgment on the concept of the creamy layer within Scheduled Castes (SCs) and Scheduled Tribes (STs), calling it “condemnable.” On Saturday, Kharge urged the government to introduce legislation in Parliament to nullify the Supreme Court’s observation on this issue.
Government’s Responsibility to Nullify the Judgment
Kharge emphasized that the government should have acted swiftly to counter the Supreme Court’s ruling by bringing in a bill to nullify the part of the judgment advocating for the identification of a creamy layer among SCs and STs. He argued that this concept undermines the purpose of reservation, which is meant to uplift those who have been historically marginalized.
Supreme Court’s Judgment on Sub-Categorization
Earlier this month, a seven-judge Bench of the Supreme Court, led by Chief Justice DY Chandrachud, delivered a 6:1 majority judgment allowing state governments to sub-classify communities within the SC list based on empirical data. Justice B R Gavai, in his observation, stated that states must develop a policy to identify the creamy layer even among SCs and STs, thereby denying them the benefits of reservation.
Kharge’s Condemnation of the Creamy Layer Concept
Kharge condemned the concept of the creamy layer within SCs and STs, stating, “By bringing a creamy layer, you are denying opportunities to those who have been oppressed for centuries and instead giving them to those who have already enjoyed privileges.” He criticized the Supreme Court for not considering the plight of SCs and STs seriously and reaffirmed that reservation should continue as long as untouchability exists.
Concerns Over Reservation and Privatization
Kharge also accused the BJP government of attempting to weaken the reservation system through privatization of public sector jobs and by not filling existing vacancies. He expressed concern that SCs and STs are being systematically excluded from high-level positions and that the creamy layer concept would further suppress their chances of advancement.
Call for Unity Against the Judgment
Kharge called for unity among all communities to ensure that the Supreme Court’s judgment does not gain traction. He urged the government to bring legislation in Parliament to nullify the judgment and protect the rights of SCs and STs.
Union Cabinet’s Stand
Kharge’s remarks came a day after the Union Cabinet, led by Prime Minister Narendra Modi, discussed the Supreme Court judgment on sub-categorization. The Cabinet reiterated that the Constitution, as framed by Dr. B.R. Ambedkar, does not include a provision for the creamy layer in SC and ST reservations. The Information and Broadcasting Minister, Ashwini Vaishnaw, affirmed the government’s commitment to the Constitution’s provisions, signaling that the NDA government does not intend to implement the creamy layer concept.
Mallikarjun Kharge’s strong stance against the Supreme Court’s creamy layer observation highlights a significant debate on the interpretation of reservation policies in India. As discussions continue, the focus remains on safeguarding the rights and opportunities of SCs and STs, ensuring that the original intent of the reservation system is upheld.