On Friday, BJP MP Faggan Singh Kulaste said that Prime Minister Narendra Modi is against the proposed sub-classification within the Scheduled Castes and Scheduled Tribes.
Kulaste was referring to the recent Supreme Court decision that a further sub-categorisation or the creamy layer criteria can be introduced within the SCs and STs to ensure quotas in government jobs and educational institutions for those groups, which are more marginalised within the community.
The term ‘creamy layer’ refers to the segment of the population that is excluded from benefits due to their relatively advanced socio-economic status compared to others.
“We told the PM that the SC decision on (identifying ) creamy layer from SCs/ STs (and their exclusion from reservation benefits) should not be implemented. The PM also said that this should not be implemented,” the BJP leader said after a meeting of several BJP MPs from SC/ST communities with PM Modi.
What SC ruled on introducing creamy layer within SCs and STs?
Last Thursday, a seven-judge bench of the top court led by Chief Justice DY Chandrachud ruled in a 6:1 majority that states are allowed to make further sub-classifications.
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Four of the six judges who agreed to the decision, wrote in their separate judgments, that the creamy layer must be excluded from the benefits of reservation. “In my view, only this and this alone can achieve the real equality as enshrined under the Constitution," Justice Gavai said in her 281-page judgement, concurring with the verdict.
What did the 2004 Chinnaiah judgement say?
The court’s verdict came after a review of the 2004 Chinnaiah judgement, which had refused a sub-categorisation in the matter, noting that SCs and STs are homogeneous groups, who have suffered marginalisation due to discrimination collectively as a group.
The ruling Bharatiya Janata Party is yet to release any nationally formulated statement or reaction to the verdict. Leaders from the Opposition’s INDIA bloc have also given mixed responses on the issue.