SC/ST Reservation: The political temperature of the country has increased after an important decision of the Supreme Court regarding SC/ST reservation. In its decision, the Supreme Court justified the decision of some state governments to divide this community into two categories. Along with this, it suggested that there should be a provision of cream layer in SC-ST reservation like OBC reservation. There was a ruckus over this suggestion of the Supreme Court. Supporters of SC-ST reservation say that this reservation in the Constitution is not based on economic backwardness. Rather, this reservation was to end discrimination and untouchability with the Dalit and tribal society.
Well, this is a complex subject. It is true that at the time of independence when this reservation was implemented, the feeling of untouchability and discrimination was definitely at its peak in the country, but a lot has changed in the last 75 years. Especially in urban areas, untouchability and discrimination have reduced a lot. However, even today it has not ended completely. In such a situation, the reservation policy should change with the change in society and time. This is almost the meaning of the Supreme Court’s comment.
Reservation will not be affected by the Supreme Court’s decision
The Supreme Court’s decision and its comments are not going to affect the current status of reservation. Rather, the Supreme Court has made this reservation system more logical in its decision, so that the most needy section gets the maximum benefit from it. Some special people should not take the cream of this reservation. For this purpose, it has suggested to bring the concept of creamy layer. This provision is applicable in OBC reservation. In this, if the family income is more than eight lakh rupees per annum, then that family does not get the benefit of reservation. However, it is necessary to note here that there is a fundamental difference between OBC reservation and SC-ST reservation. SC-ST reservation is against the inequality and untouchability with them in the society. On the other hand, the basis of OBC reservation is the economic and social backwardness of this class.
How justified is the suggestion of creamy layer?
This is why the case of SC-ST reservation is different from OBC reservation. The basic basis of this reservation is the issue of inequality and untouchability in the society. The Supreme Court has suggested bringing in a formula like creamy layer to make this reservation more logical in the present times. But, this does not at all mean that the Supreme Court has given this decision.
In such a situation, the question arises that why the opposition, especially the Congress, is giving importance to this issue. Recently, BJP’s ST-SC MPs had met PM Modi. Their main concern was also about the creamy layer. This was the suggestion of the majority in the seven-member constitutional bench of the Supreme Court. In this seven-member bench, six members have justified the classification within SC-ST, while only four judges have suggested bringing a provision like creamy layer in the reservation of this class.
The implementation of the suggestion depends on the discretion of the Centre
In such a situation, whether the Supreme Court implements this suggestion or not depends on the discretion of the Central Government. If the Central Government wants, it can bring a bill in the Parliament for this. If it wants to maintain the current situation, then it needs to bring a bill or make a law. The Central Government has also made it clear that it is not going to change the current system of reservation. In such a situation, it can be said that no law is needed to stop Kharge ji’s suggestion of creamy layer.
Tags: OBC Reservation, SC Reservation, Supreme Court
FIRST PUBLISHED : August 11, 2024, 11:54 IST