Congress president Mallikarjun Kharge on Saturday categorically said that his party opposes the creamy layer provision for the Scheduled Castes (SCs) and Scheduled Tribes (STs).

He also said that as long as there is ”untouchability” in the country, reservation should remain, and it will remain.

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The statement of the Congress chief came days after he chaired a meeting of party leaders to discuss the recent Supreme Court (SC) judgement on the SC/ST reservation.

Last week, the apex, in an important judgment unsettling the perceived homogeneity of the SC and ST for the purposes of reservation, ruled that SCs are not a homogeneous group and the sub-classification among them is permissible for extending the benefits of the affirmative action to the most deprived sections amongst them.

Holding that SCs are not a homogeneous group and sub-classification for extending the benefits of reservation was permissible, Chief Justice DY Chandrachud, speaking for himself and Justice Manoj Misra, said that the 2004 judgment by a five-judge Constitution bench holding that the sub-classification amongst the SC and ST was impermissible was not a correct law and overruled it.

Justice BR Gavai said, “… The criteria for exclusion of the creamy layer from the SCs and STs for the purpose of affirmative action could be different from the criteria applicable to the Other Backward Classes (OBCs).’

Talking to reporters here, Kharge said, “Recently, a seven Judge Bench of the Supreme Court gave its judgement (by a majority of 6:1), in which they talked about sub-classification of SC and ST. In this, the creamy layer of SC/ST category was also discussed.”

“Even after 70 years, when we see the recruitment of people from SC and ST communities in government jobs, we find that the vacancies are still not being filled, most of the posts are vacant. Which means that people of these categories, even collectively, are not able to fill these posts,” he said.

Asserting that the basis of reservation was not the economic development of any community or individual, the Congress chief said, “Rather, it is to eliminate untouchability, which has been prevalent in the society for thousands of years. And it has still not gone away from society. Many examples come before us every day.”

“As long as there is untouchability in this country, reservation should remain and it will remain. Therefore, it is wrong to talk about creamy layers in SC/ST. We are against it,” he said.

Attacking the BJP-led government, the Congress chief said: “The BJP’s intention to end reservation is now slowly becoming apparent. The Prime Minister (Narendra Modi) says that we will not touch it. If it was so then he should have immediately said that it will not be applicable. He should have rejected the Supreme Court’s judgment by bringing a constitutional amendment in this session (Parliament) itself.”

Kharge, who is also the Leader of Opposition in Rajya Sabha, said: “We will form a consultation committee and meet NGOs on this issue and take their opinion and move forward.”