New Delhi:

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. 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

There is no provision for creamy layer in reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Constitution as envisaged by BR Ambedkar, the Centre said today days after the Supreme Court order on sub quotas.

Briefing reporters after the cabinet meet, Information Minister Ashwini Vaishnaw said there was a detailed discussion at the meeting on a recent Supreme Court judgment that made certain suggestions on the reservation for the SCs and STs.

He said the cabinet is of a well-thought-out view that the National Democratic Alliance (NDA) government is committed towards the provisions of the Constitution.

“According to the Constitution given by B R Ambedkar, there is no provision for a creamy layer in the SC-ST reservation,” Mr Vaishnaw said, underlining that the provision for SC-ST reservation should be in accordance with the Constitution.

Asked whether the issue was raised by the minister for social justice and empowerment or the Prime Minister Narendra Modi, Mr Vaishnaw said it was the unanimous view of the cabinet. 

Earlie today, Law Minister Arjun Ram Meghwal asked the Opposition not to “mislead” the society on the “observations” of a Supreme Court judge on carving out a creamy layer for exclusion from SC/ST reservations.

“The reference to creamy layer in the sub-categorisation of SC/STs is an observation by a Supreme Court judge and not a part of the decision. The member should not make an attempt to mislead the society,” Mr Meghwal said replying to supplementaries during the Question Hour in the Lok Sabha. 

The Prime Minister today met a delegation of SC/ST MPs and assured them that the government is committed to their welfare.  

“Met a delegation of SC/ST MPs today. Reiterated our commitment and resolve for the welfare and empowerment of the SC/ST communities,” PM Modi posted on X today.

In a majority verdict, the Supreme Court last week said states are empowered to make sub-classifications of Scheduled Castes and Scheduled Tribes for granting quotas inside the reserved category to uplift more underprivileged castes.

A seven-judge constitution bench headed by Chief Justice DY Chandrachud held by a 6:1 majority that the further sub-classification of SCs and STs by states can be permitted to ensure grant of quota to more backward castes inside these groups.

The bench delivered six separate judgments.

The majority verdict said the basis of sub-classification has to be justified by “quantifiable and demonstrable data by the states, which cannot act on its whims”.