Congress president Malllikarjun Kharge on Saturday said the government should have bought a Bill in Parliament to nullify the Supreme Court verdict on the issue, underlining that the idea of denying reservation to Scheduled Castes and Scheduled Tribes on account of the creamy layer concept is condemnable.

Recently, a seven-judge Bench of the Supreme Court led by Chief Justice D Y Chandrachud ruled in a 6:1 majority verdict that the state governments could sub-classify communities within the SC list based on empirical data.

Supreme Court judge Justice B R Gavai had said that states must evolve a policy for identifying the creamy layer even among the SCs and STs and deny them the benefit of reservation.

Speaking on the matter, the Congress chief said, “Who do you want to benefit by bringing a creamy layer? By bringing a creamy layer (concept) on one hand you are denying untouchables and giving to those who have enjoyed privileges for thousands of years. I condemn this.”

This issue of a creamy layer that has been raised by the seven judges shows that they have not thought about SCs and STs in a serious manner, he said.

Further, he said that till the time untouchability exists, reservations should be there and will be there. We will fight for it, Kharge added. He accused the BJP of seeking to end reservation. The government has privatised the public sector jobs and there are a lot of vacancies, but they are not recruiting, Kharge said.

The Leader of Opposition in Rajya Sabha asserted that SCs and STs are not able to get jobs. No SCs are at the high-level positions, he said, and they are trying to suppress the SCs and STs by classifying them in a creamy layer.

He was surprised by the Top Court’s decision. Those who are facing untouchability in real life and those people belonging to SCs and STs even on high posts are facing discrimination, he said. If they have money even then they face discrimination, Kharge said.

The Congress leader appealed to all people to unite and ensure that this judgment does not get recognition and this matter should not be raised again.

The Congress is discussing other things related to sub-categorisation and will decide on further steps after discussion with intellectuals and leaders of various states, Kharge said.

Kharge assured that his party will do everything possible for the protection of SCs and STs. “I read that the PM said we will not touch this. To ensure that the creamy layer concept will not be implemented, they should have brought legislation in Parliament and nullified the Supreme Court judgment,” he slammed Prime Minister Narendra Modi’s government.

He criticised the government for preparing bills in a few hours and now it has been about 15 days since the judgment. Kharge’s remarks come a day after the Union Cabinet asserted that there was no provision for a creamy layer in the reservation for SCs and STs in the Constitution given by B R Ambedkar.

The Union Cabinet, at a meeting chaired by PM Modi on Friday, held a detailed discussion on the Supreme Court judgment on the sub-categorisation of reservation for SCs and STs as granted in the Constitution.

The Information and Broadcasting Minister Ashwini Vaishnaw told reporters that it is the well-thought view of the Union Cabinet that the NDA government is firmly committed to the provisions in the Constitution given by Dr Babasaheb Ambedkar.