100 SC/ST BJP MPs call on PM Modi over controversial court verdict

SC/ST BJP MPs called on Prime Minister Modi on Friday to oppose the judgment of the Supreme Court, where the apex court recommended states that the benefits of reservations should be not extended to SC/ST members who belong to the ‘creamy layer’.  The ‘creamy layer’ arose from the 1992 Indira Sawhney case, and it generally refers to persons in the OBC category who are economically and socially advanced enough not to need the benefits of reservation policies. This does not apply to members of Scheduled Castes or Scheduled Tribes. However, a seven-judge bench of the Supreme Court, including CJI Chandrachud, is revisiting this policy to promote equality in the reservations provided. 

The verdict

Earlier this month, the Supreme Court ruled that states have the right to sub-classify SC communities. This classification shall be based on the available empirical data. Justice BR Gavai noted that states must bring in policies to ensure that the benefits of reservations in SC and ST groups are not restricted to a few members. He urged that there should be a provision to exclude well-off individuals, i.e. the ‘creamy layer’, from such affirmative action. This, he said, would lead to actual equality as envisioned by the Constitution. Currently, the concept of ‘creamy layer’ is not extended to these groups as they have faced extremely high levels of socio-economic discrimination. 

SC/ST BJP MPs’ demand

On Friday, around a hundred BJP MPs met Prime Minister Modi over the apex court’s verdict. The MPs were hopeful that the Prime Minister would take action to ensure that the judgment is not implemented soon and that SC/ST groups continue to enjoy the benefits of reservations to the fullest. Moreover, MP Sikander Kumar informed the press that the PM has assured the delegation that the government will not work against the MP’s concerns. Irked by the verdict, Chirag Paswan of the LJP has claimed that he will be filing a review petition in the court against the judgment. He believes that there is no ground to bring in the ‘creamy layer’ classification in the Scheduled Castes.

Reaction of opposition parties

Earlier this week, Congress party functionaries held a meeting to discuss the implementation of the court verdict in states ruled by the party. RJD MP Manoj Jha expressed his views on the judgment, stating that while he respects the verdict, he finds sub-classification pointless. Dalit leader Mayawati also spoke against the ruling and said that it is not right to do any sort of sub-classification in SC/ST groups, which have faced atrocities together. YSRCP MP Ryaga Krishnaiah told the Upper House that reservations extended based on caste should not be seen through an economic lens and that these reservations are meant to improve these groups’ social standing.