'Quota Based on Economic Condition Not Possible': SC Ruling on 'Creamy Layer' Irks BJP Dalit Leaders

New Delhi: The Supreme Court's to apply 'creamy layer' concept in reservations for Scheduled Castes and Scheduled Tribes has irked the Bharatiya Janata Party's SC Morcha, which believes that the quota was based on untouchability and not on economic condition.

"SC/ST reservation can never happen on economic condition because there are two kinds of reservations — One for SC/ST and the other for OBC. On one hand, SC reservation is based on untouchability and has Constitutional legitimacy, and on the other hand, there is reservation for OBCs, which is based on backwardness," said Morcha member Vinod Kumar Sonkar.

The reservation of SCs is driven by four considerations, he says, adding, "The reservations for SCs are based on some conditions that can be classified as societal, economic, educational and political. But when the reservation is applied to OBCs you remove the consideration of society... what is left is economic, educational and political. These two are different things – untouchability and backwardness."

The Supreme Court verdict has brought in the creamy layer aspect in reservations, which he says, “Is a matter of study. When our reservation is based on untouchability how the creamy layer will be implemented is matter of research and study.”

Dushyant Kumar Gautam, the former BJP SC Morcha chief and Vice President of BJP told News18, “It is not possible to define creamy layer for granting reservations to SCs. Reservations for SCs stem from societal ills, it is a societal problem and has a history of discrimination. This cannot be defined by backwardness.” He was the president of the SC Morcha in 2013.

“In one village a groom can’t take out baraat on a horse. For an SC IAS the situation is same as it is for an SC laborer – they both face the same societal treatment. It has nothing to do with being educated or uneducated,” he said, and added, “After BR Ambedkar drafted our Constitution things improved for us and a new space of possibilities opened for SCs. But untouchability is a societal ill it will take time to go (jaate jaate jayegi).”

“The idea of creamy layer is not possible for reservation for SCs,” he said on the SC ruling that came on 26th September 2018. The Supreme Court delivered verdict on its 2006 judgment in M Nagaraj vs Union of India case and ruled that states don’t have to collect quantifiable data on ‘backwardness’ for SC/ST quota in job promotions. It also ruled to extend creamy layer to SC/ST.

In the case of M Nagaraj vs Union of India, the Supreme Court had laid down the criteria for granting reservation to the members of the SC/ST communities for the purpose of promotions. Then the Court had held that while the State governments are not bound to provide for reservations for the benefit of SC/ST communities when it comes to promotions, they must fulfill certain criteria should they choose to implement accelerated promotions for the SC/ST communities.

The judgment was delivered by a Constitution Bench comprising Chief Justice of India Dipak Misra and Justices Kurian Joseph, Rohinton Nariman, Sanjay Kishan Kaul and Indu Malhotra. The other former president of BJP SC Morcha Sanjay Paswan declined to comment as he has not yet seen the verdict.