Sravasti Dasgupta 
New Delhi: Amid speculation around the introduction of a creamy layer in reservations for SC and STs (Scheduled Castes and Scheduled Tribes), the Union cabinet on Friday (August 9) announced that there are no plans to implement any such exclusion, and said that there is no such provision for a creamy layer in B.R. Ambedkar’s constitution, to which the National Democratic Alliance (NDA) government is bound.
At a press briefing, Union minister for information and broadcasting Ashwini Vaishnaw said that the Union cabinet had taken a “well thought through” decision following the Supreme Court judgement in favour of sub-categorisation of SC and STs. Four judges of the seven-judge constitutional bench, which ruled in favour of the sub-categorisation, called for the identification of creamy layers among SCs and STs, to exclude them from the fold of reservation.
“The cabinet discussed an important issue. The Supreme Court had pronounced a judgement regarding the reservation and made some suggestions regarding SC and ST reservations. Today a detailed discussion took place during the Cabinet meeting under Prime Minister Narendra Modi. The cabinet’s well-thought-through opinion is that the NDA government is bound to Babasaheb Ambedkar’s constitution,” said Vaishnaw.
“According to Babasaheb Ambedkar’s constitution, there is no provision for a creamy layer in SC and ST’s reservation. Cabinet’s well-thought-through decision is that reservations should be according to Babasaheb Ambedkar’s constitution.”
The cabinet decision came only hours after about 100 Bharatiya Janata Party (BJP) MPs met Modi earlier on Friday and submitted a memorandum against the identification of a creamy layer among SC and STs.
At the meeting, the MPs said that Modi took cognisance of their concerns and said that the government would look into the matter seriously. The meeting was also attended by Union minister for minority affairs Kiren Rijiju, MoS law and justice Arjun Ram Meghwal, minister for social justice and empowerment Virender Kumar.
Following the meeting, Meghwal, in a statement on X, said that the prime minister had agreed not to implement the creamy layer in SC/ST reservations.
“The Honourable Prime Minister also agreed, as demanded by the delegation, regarding not implementing the initiative of excluding the creamy layer from the reservation by sub-categorising the Scheduled Caste/Tribe communities and assured his commitment to the proper welfare of the Scheduled Caste and Scheduled Tribe categories,” he said.
Speaking to The Wire, BJP MP Faggan Singh Kulsate said that the parliamentarians met the prime minister and said that the observations made by the Supreme Court judges were their personal opinions and not a decision of the apex court.
“The prime minister has assured us, and given us confidence that he will consider our concerns and that the government will look into the matter,” he said.
BJP MP Sikander Kumar said that the prime minister had assured them that a creamy layer would not be brought in to exclude SC/ST from reservations.
“A delegation of more than 100 SC/ST MPs today met with the Hon’ble Prime Minister Sh. Narinder Modi ji regarding their concern over the recent observations of Honble Supreme Court pertaining to reservation policy.Hon’ble Prime minister listened all the delegates and reiterated his commitment for the welfare & empowerment of SC/ST communities and assured the delegation that there will be no change in the existing reservation system,” he said.
After meeting the MPs, Modi in his statement had reiterated his commitment to SC/ST welfare.
“Met a delegation of SC/ST MPs today. Reiterated our commitment and resolve for the welfare and empowerment of the SC/ST communities,” he wrote on X.
Later in the Lok Sabha, Meghwal in response to a supplementary question raised by Shiv Sena-UBT MP Bhausaheb Wakchaure about the implementation of a creamy layer in SC/ST reservations, said that the Supreme Court’s observation was not part of the decision and that the country should not be misled.
“The reference to the creamy layer in the sub-categorisation of SC/STs is an observation by a Supreme Court judge and not a part of the decision. The member should not make an attempt to mislead society,” he said.
Earlier NDA allies and Union ministers Chirag Paswan (LJP) and Ramdas Athawale (Republican Party of India) opposed the sub-classification judgement, with Paswan even saying that his party would appeal the decision.
In the 6:1 judgement, Supreme Court judges – Justice B.R. Gavai, Justice Vikram Nath, Justice Pankaj Mithal and Justice Satish Chandra Sharma – underlined that a creamy layer system akin to the one existing for Other Backward Classes (OBCs) must be put in place to ensure that reservations reach the most deserving among SCs and STs.
“State must evolve a policy to identify creamy layer among the SC ST category and take them out of the fold of affirmative action (reservation). This is the only way to gain true equality,” Justice Gavai said, according to Bar and Bench.