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Government in a dilemma over applying ‘creamy layer’ to SCs/STs as per SC ruling

Team SoOLEGAL 1 Oct 2018 12:30pm

Government in a dilemma over applying ‘creamy layer’ to SCs/STs as per SC ruling

The Central government is a dilemma over what to do with the top court’s recent ruling on extending the concept of “creamy layer” to Scheduled Castes (SCs) and Scheduled Tribes (STs) – an unprecedented decision which overthrow the accepted wisdom about Dalit quotas and holds the potential to anger the vocal Dalit middle class.

According to government sources, the recent SC ruling had come at a difficult point and finding a way out of it would be difficult, while stating that the judgment on ‘creamy layer’ went against the belief in the ruling camp.

Besides, it is unlikely that an appeal can be made against the constitution bench judgment, which itself is an appeal against the apex court order in 2006 Nagaraj case. And thus, there are very slim chances that a judicial relief can be expected to undo the ‘creamy layer’ ruling.

This leaves the ruling BJP party with tricky alternatives. Either the party should accept the apex court’s verdict or, as some experts squabble, it should remain silent and do nothing about extending ‘creamy layer’ to the SC/ST community till it gets a reminder from the Supreme Court.

Meanwhile, the BJP government’s recent decision to upend the apex court’s dilution of the SC/ST (Prevention of Atrocities) Act has already provoked an upper caste backlash in key heartland states, putting the saffron camp on alert.

And so, taking another measure that would weaken the checks on Dalit quota will only add to the rage among upper castes in the busy election season.



Tagged: Creamy Layer   Scheduled Castes   SCs   Scheduled Tribes   STs   Dalit   Supreme Court  
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