Supreme Court Bench; virtually endorses concept of creamy layer

28 August 2020

A five judges bench of the Supreme Court ordered, in effect applying creamy layer principle to reservation, by allowing the state governments to sub-classify the SCs and STs in the central list to provide preferential treatment to the “weakest of the weak” The Constitution Bench presided by Arun Misra stated that the reservation has created inequalities among the SCs and STs, as if the inequalities among other castes, religions etc, and the society as a whole has not increased! In this last verdict, Arun Mishra,one of the most rabid brahmanical lords in the Supreme Court, in the name of showing concern for the poor, has countered the order of a five member bench in 2004 which had cautioned against tinkering with the reservation, Since this Order counters 2004 verdict; this order is now referred to seven-judge Bench. As Modi government and the brahmanical lords who are in vast majority in the SC want to do away with the reservation under some pretext, the order of the new seven judges’ Bench is going to become very significant.
Nobody, including Dr. Ambedkar who fought for this democratic right, has ever claimed that the rreseration will do away with increasing inequalities in the society. It is just a democratic right for sections of society who were always kept away from from all seats of power and education. It is interesting to note that when the question of land rights, housing rights, or increasing attacks on dalit//Adivasi women and children etc come before the Courts, including the SC, we never see such concern shown to the downtrodden people. But they start talking about the ‘poorest of the poor’, ‘weaest of the weak’ etc only when the reservation question, especially the reservation for the SCs and STs come before them. SO their class/ caste is very clear from their verdicts. When a ruling system which has not done anything to help the vast sections of the poorest and most suppressed sections starts shedding crocodile tears in their name, it is not for helping them, it is only for snatching away the last piece of right, however partial it may be , also from them.

K N Ramachandran
General Secretary
CPI (ML) Redstar

New Delhi
28th August 2020

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Kabeer Katlat

The Communist movement in India has a history of almost a century after the salvos of October Revolution in Russia brought Marxism-Leninism to the people of India who were engaged in the national liberation struggle against the British colonialists. It is a complex and chequered history.