No provision for creamy layers in SC/ST quota in the Constitution: Centre

The Union Cabinet on Friday said there was no room in BR Ambedkar’s Constitution for a ‘crème de la crème’ in reservation for SCs and STs.

In a meeting chaired by Prime Minister Narendra Modi, the Union Cabinet discussed at length the Supreme Court verdict on sub-categorisation of reservations for SCs and STs as enshrined in the Constitution.

“The Union Cabinet is of the view that the NDA government is strictly adhering to the provisions of the Constitution as expounded by Dr Babasaheb Ambedkar,” Information and Broadcasting Minister Ashwini Vaishnaw told reporters here.

He said that during the Cabinet meeting, a recent Supreme Court judgment, in which certain suggestions were made regarding reservation for Scheduled Castes (SC) and Scheduled Tribes (ST), was discussed at length.

“As per BR Ambedkar’s Constitution, there is no provision for a creamy layer in the SC-ST reservation,” Vaishnaw said.

He stated that the provision for SC-ST reservation should be in accordance with the Constitution.

Asked whether the issue was raised by the Minister for Social Justice and Empowerment or the Prime Minister, Vaishnaw said the Cabinet has taken a well-considered position on this.

“I told you about the discussion that took place during the cabinet meeting,” Vaishnaw said when asked if any changes in the law were planned in this regard.

Earlier on Friday, a delegation of SC and ST MPs met Prime Minister Modi and discussed the issue of SC/ST reservation and the Supreme Court verdict.

After the meeting, Modi said on X: “Today met a delegation of SC/ST MPs. Reiterate our commitment and resolve for the welfare and empowerment of the SC/ST communities.”

Earlier this month, a seven-judge bench of the Supreme Court headed by Chief Justice DY Chandrachud, in a 6:1 majority verdict, held that state governments can sub-categorise communities within the SC list based on empirical data.

Supreme Court Justice BR Gavai said states should evolve a policy to identify the crème de la crème, even among the Scheduled Castes (SC) and Scheduled Tribes (ST), and deny them the benefit of reservations.

Justice Gavai wrote a separate but concurring judgment in which the Supreme Court held by a majority judgment that the states have the power to sub-classify Scheduled Castes and Scheduled Tribes to allocate quotas within the reserved category for the betterment of those belonging to the more disadvantaged castes.

(Only the headline and image of this report may have been edited by Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)

First publication: Aug 10, 2024 | 12:58 AM IST

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