Speaking to reporters at the Iftar hosted by him this evening, the Prime Minister said, “The Supreme Court has taken a decision. We have to study it and then we will act.”
Taken in conjunction with the Congress party’s initial reaction yesterday — that the SC judgment would “inevitably and understandably raise a new debate” — the PM’s comment indicated that the government would not be averse to legislative action to undo the court’s order if necessary.
The most forceful plea for parliamentary intervention came from Janata Dal (U) president Sharad Yadav today who demanded that a special session of Parliament be convened immediately to discuss the situation arising out of the SC order and take “remedial legal and constitutional steps.”
Sharply criticizing the decision to extend the creamy layer concept to the SCs/STs, Yadav demanded that all acts and issues relating to reservations — including quotas for OBCs — be put in the Ninth Schedule of the Constitution to avoid “judicial interference.”
Union minister and Lok Janashakti Party leader Ram Vilas Paswan also told The Indian Express that his party was totally against the contents of the SC order. Introduction of the creamy layer concept, he argued, was aimed at scuttling reservations for the Dalits and tribals who continued to be at the bottom of the country’s socio-economic ladder.
The CPI(M), which supports keeping out the creamy layer when it comes to OBCs, also made it clear that it would not back any move to dilute existing reservation provisions for the SC/STs. In a statement issued today, the CPI(M) politburo said, “The Constitution has no provision for creamy layer within the Scheduled Castes and Tribes precisely because of the compelling realities of their socio-economic oppression and exploitation. It is unfortunate that the court has ignored the social reality while pronouncing judgement on such a vital issue.”
CPI leader D Raja had already made it clear yesterday that his party would oppose the move tooth and nail, and — like Sharad Yadav — criticized the judiciary for pronouncing on policies that belonged to the legislature’s domain.
Addressing a joint press conference in the capital, TDP leader Chandrababu Naidu and Samajwadi Party general secretary Amar Singh also lent their voice to the growing chorus. “Creamy layer for SCs/STs is not a right step at this stage. We are for status quo on the issue,” Naidu said.
Parties such as the RJD, DMK, PMK and others who have vociferously supported reservations for all OBCs are certain to back the emerging consensus against the latest twist in the quota debate. While differences persist among political parties on creamy layer for OBCs, there is likely to be unanimity on the question of keeping out the concept in the case of SCs/STs.
The BJP and Congress may prefer to be more circumspect on the issue but neither party can afford to appear anti-Dalit, especially with crucial Assembly elections in Uttar Pradesh on the anvil. Therefore, the leadership of the two parties too are likely to agree to measures to undo the SC order if the prevailing sentiment among Left and regional parties gain ground over the coming days, sources said.