Caste

Congress Will Oppose ‘Creamy Layer’ Concept, Sub-Classification of SCs: Mallikarjun Kharge

The Supreme Court on August 1, approved sub-classification within SC and ST categories to allocate reservations in jobs and education for the more marginalized segments of these backward communities.

Congress Will Oppose ‘Creamy Layer’ Concept, Sub-Classification of SCs: Mallikarjun Kharge

Congress president Mallikarjun Kharge. Image: Mallikarjun Kharge/Facebook

Congress president Mallikarjun Kharge on Saturday (August 10) asserted that the idea of denying reservation to Scheduled Castes (SC) and Scheduled Tribes (ST) based on the ‘creamy layer’ concept is "condemnable." He suggested that the Union government should have introduced legislation in parliament to nullify the portion of the recent Supreme Court judgment addressing the issue.

A seven-judge Constitution bench of the Supreme Court on August 1, approved sub-classification within SC and ST categories to allocate reservations in jobs and education for the more marginalized segments of these backward communities.

The bench, led by Chief Justice of India D.Y. Chandrachud, delivered the verdict with a 6:1 majority. The judgment overturned the 2005 E.V. Chinnaiah v. State of Andhra Pradesh ruling, which had determined that all Scheduled Caste groups under Article 341 were to be considered a homogeneous group. Article 341 authorized the President to specify certain castes and classes as Scheduled Castes.

Following a series of meetings, the Congress on Saturday clarified its stance on the issue. Party president Mallikarjun Kharge that “now excluding SC-ST people from reservation by calling them creamy layer is a big setback to them” and that the Congress will oppose it, The Indian Express reported.

The Congress president emphasized that his party will oppose this move and appealed for unity among other Opposition parties on the matter.

Kharge stated that “the Scheduled Caste Community got reservation through Baba Saheb Ambedkar’s Poona Pact,” and pointed out that the same was subsequently upheld as the reservation policy by Prime Minister Jawaharlal Nehru and Mahatma Gandhi.

On the creamy layer issue, Kharge said, “And no person from the SCs is on any big posts. Who do you want to benefit by bringing in a creamy layer? By bringing in a creamy layer, you are crushing the Untouchables and SC community, and on the other hand, you are giving it to people who have for thousands of years enjoyed everything.”

The Congress chief’s statement comes a day after the Union Cabinet asserted that the Constitution, as framed by B R Ambedkar, does not include a provision for a creamy layer in reservation for SCs and STs.

On Friday, during a meeting chaired by Prime Minister Narendra Modi, the Union Cabinet held a detailed discussion on the Supreme Court judgment regarding the sub-categorization of reservations for SCs and STs as outlined in the Constitution.

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