A delegation of BJP Members of Parliament (MPs) belonging to the Scheduled Caste (SC) and Scheduled Tribe (ST) communities recently met with Prime Minister Narendra Modi to express their concerns over the Supreme Court's recent decision regarding the identification of the "creamy layer" within the SC/ST communities.
The MPs, who represent both Houses of Parliament, submitted a memorandum to the Prime Minister, urging that the Supreme Court's ruling should not be implemented, as it could have significant implications for the communities they represent.
The issue stems from the Supreme Court's landmark ruling on August 1, 2024, which stated that states have the authority to sub-classify SCs and STs. The Court also ruled that the identification of the "creamy layer" within these communities is permissible and should be excluded from reservation benefits.
The decision, delivered by a seven-judge bench led by Chief Justice of India DY Chandrachud, marked a significant shift in the interpretation of affirmative action policies in India. The judgement was delivered with a 6:1 majority, with Justice Bela M. Trivedi dissenting.
During their meeting with PM Modi, the BJP MPs expressed their deep concern over the potential impact of this ruling on the SC/ST communities. They argued that implementing the Supreme Court's decision could undermine the benefits of reservation that have been crucial for the upliftment of these communities.
The MPs emphasised that the creamy layer concept should not be applied to SC/STs, as it could lead to further marginalisation of already disadvantaged groups within these communities.
After the meeting, BJP MP Prof. (Dr.) Sikander Kumar spoke to the media, stating that Prime Minister Modi had assured the delegation that the government would consider their concerns and work in favour of the MPs. He emphasised that the Prime Minister had listened to all the MPs and had shown a commitment to addressing their worries regarding the Supreme Court's decision.
Similarly, BJP MP Faggan Singh Kulaste also highlighted the Prime Minister's assurance that the Supreme Court's decision on identifying the creamy layer within SC/STs should not be implemented. He expressed confidence that the government would take steps to ensure that the ruling does not adversely affect the SC/ST communities.
Union Minister Chirag Paswan, representing the Lok Janshakti Party (Ram Vilas), also voiced his opposition to the Supreme Court's observation. He stated that his party would be filing a review petition against the ruling, reflecting the broader political and social concerns surrounding this issue.
The Supreme Court's ruling has sparked a significant debate on the implications of sub-classifying SCs and STs and the identification of the creamy layer within these communities.
The judgement overruled an earlier decision in the EV Chinnaiah case, which had held that sub-classification was not permissible because SCs and STs formed homogenous classes. The new ruling, however, opens the door for states to identify and exclude the creamy layer within these communities from reservation benefits.
Justice BR Gavai, one of the justices on the bench, suggested that states should evolve a policy for identifying the creamy layer within SCs and STs. He argued that excluding the creamy layer from reservation benefits would ensure that affirmative action reaches those who are truly in need.
On the other hand, Justice Bela M. Trivedi, in her dissenting opinion, disagreed with the majority judgement, stating that sub-classification within SCs and STs is not permissible.
The BJP MPs' meeting with Prime Minister Modi underscores the significant concerns within the SC/ST communities regarding the potential impact of the Supreme Court's decision.
As the government deliberates on its response to the ruling, the issue of sub-classification and the identification of the creamy layer within SCs and STs is likely to remain a contentious topic in India's ongoing discourse on affirmative action and social justice.
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