NEW DELHI: Modi govt has rejected the recent Supreme Court ruling asking for exclusion of ‘creamy layer’ among Dalits from the purview of quotas, saying that doing so would be unconstitutional.
“Recently, the Supreme Court gave a judgment on the issue of reservation. The SC has made some suggestions about SC/ST reservation in it. Today, under the leadership of PM Narendra Modi, wide discussions were held on this issue. And the well-thought-through opinion of the cabinet is that NDA govt is committed and dedicated towards the provisions of the Constitution of Babasaheb Ambedkar.
And as per provisions of Babasaheb Ambedkar, there is no provision of creamy layer in SC/ST reservation. Cabinet’s decision is that SC/ST reservation should be according to Babasaheb’s Constitution,” I&B minister Ashwini Vaishnaw said in what marked a swift rebuttal of the SC’s landmark verdict.
Quota case
Significantly, Modi had signalled his govt’s intent hours before the cabinet got down to discuss the issue by telling SC/ST MPs belonging to BJP that the apex court’s verdict was only recommendatory and that govt was alive to their “genuine” concerns about it.
The top court had held that exclusion of creamy layer, a reference to those whose previous generation had benefited from the SC quota, would help reservation benefits reach the truly disadvantaged instead of being monopolised by better-off sections among Dalits.
Don’t implement SC/ST creamy layer ruling of top court, 100 MPs urge PM
The Cabinet on Friday asserted that there was no provision for a creamy layer in reservation for SCs and STs in the Constitution given by B R Ambedkar. The decision came in the wake of the recent SC ruling.
The Aug 1 SC ruling on creamy layer came from the sole Dalit judge on the bench, Justice B R Gavai, with others — CJI D Y Chandrachud and Justices Vikram Nath, Pankaj Mithal, Manoj Misra and S C Sharma, concurring.
However, the idea that the concept of ‘creamy layer’, so far limited to OBCs, needed to be extended to Dalits as well ran afoul of the dominant opinion. Dalit politicians, intellectuals & activists argued that likening OBCs to Dalits was a folly because of differences between the two categories and, also, that advancement in economic status of SCs did not erase the stigma or reduce the discrimination — the principal reason for bringing them under the cover of protective discrimination.
“Met a delegation of SC/ST MPs today. Reiterated our commitment and resolve for welfare and empowerment of SC/ST communities,” Modi wrote on X. His remarks also reflected that the govt was looking into concerns expressed by community leaders regarding the apex court ruling.
The delegation of more than 100 MPs, including ministers Kiren Rijiju, Sarbananda Sonowal, Arjun Ram Meghwal, Kamlesh Paswan, Birendra Kumar and senior functionaries like Faggan Singh Kulaste called on PM Modi and handed him a memorandum, expressing concern over the SC ruling. They urged that this decision should not be enforced.
BJP MP Sikander Kumar said the PM had promised the govt would take MPs’ concerns into account. Kulaste said the PM supported their stance.
Courtesy : TOI
Note: This news is originally published in timesofindia.com and was used solely for non-profit/non-commercial purposes exclusively for Human Rights
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