Lucknow, August 10: BSP chief Mayawati on Saturday questioned the "silence of the Congress" on the August 1 judgment of the Supreme Court directing the states to evolve a policy for identifying the creamy layer among the SCs and STs. She also said the reservation which has been rendered "ineffective", should be made "effective" and for this, a session of Parliament should be convened soon.

Speaking to reporters in Lucknow, the BSP chief said the BJP government and the rest of the parties should clear their stand on this issue. On August 1, four out of the six Supreme Court judges who agreed that states are empowered to make sub-classifications wrote in their separate judgments that those in the creamy layer must be excluded from enjoying the benefits of reservation. BSP Chief Mayawati Reinstates Nephew Akash Anand As Bahujan Samaj Party’s National Coordinator, Political Heir.

Mayawati Speaks on Supreme Court's observation on creamy layer in SC-ST

Justice B R Gavai had said the states must evolve a policy for identifying the creamy layer even among the SCs and STs, and deny them the benefit of reservation. "Why is the Congress silent till now over the August 1 judgment of the Supreme Court on SC-ST reservation. Why is the Congress not making its stand clear in the states, where it has its government? In other words, why is this party (Congress) sitting silent even there? Or should this be said that the Congress party accepts this decision, and implements this?" Mayawati said.

BSP Chief on Creamy Layer Among SCs, STs

She also asked the Aam Aadmi Party (AAP), which has governments in Delhi and Punjab, to clear its stand on the issue. Urging the people of the SC and ST communities to be cautious about the hidden agenda of these parties, Mayawati said, "Those (parties), which in the name of saving the Constitution and reservation, garnered the votes of these communities in the 18th Lok Sabha elections, and gained most of the seats, and damaged the only party (BSP), which is their (SCs and STs) well wisher. Mayawati on NEET UG Paper Leak: Bahujan Samaj Party Chief Demands Scrapping of NEET and Reinstatement of ‘Old System’.

"I request all the parties to clear their stand about the decision in front of crores of SCs and STs of the country, so that the correct situation emerges before these sections," she said. Apparently hitting out at Congress leader Rahul Gandhi, who used to show a copy of the Constitution during his election rallies, Mayawati said, "They used to speak big during the elections about saving the Constitution and reservation. Now, they are not showing the Constitution to anyone. Now the Congress party and company are not talking about reservation."

Attacking the BJP, she said, "An assurance has come from the BJP. An assurance has come from the prime minister. Assurance will not work. They should take a stand on the losses that the SC-ST people will have to face because of this decision.

"Yesterday, they adjourned the Parliament session sine die. It would have been better if the session had continued, and after five-six days present an amendment Bill in Parliament in this matter after full preparation, but it was not brought."

"I would like to tell the prime minister that if your intention is clear about these sections, then you had convened the House on other issues before time. You can convene the House anytime, prepare for it. Make the August 1 decision of the Supreme Court null and void. Call the House, and it will be known in the House the stand of all the parties," she said.

"The reservation which has become ineffective, in order to make it effective, Parliament session should be called soon on a short notice. The BJP government should clarify its position. The other parties should also clarify their stand," she said.

The Union Cabinet on Friday had asserted that there was no provision for a creamy layer in the reservation for SCs and STs in the Constitution. The Union Cabinet, at a meeting chaired by Prime Minister Narendra Modi, held a detailed discussion on the Supreme Court judgment on the sub-categorisation of reservation for SCs and STs as granted in the Constitution.

"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," Information and Broadcasting Minister Ashwini Vaishnaw had told reporters in Delhi. He said there was a detailed discussion in the Union Cabinet meeting on a recent Supreme Court judgment that made certain suggestions on the reservation for SCs and STs.

"According to the Constitution given by B R Ambedkar, there is no provision for a creamy layer in the SC-ST reservation," Vaishnaw had said. He asserted that the provision for SC-ST reservation should be in accordance with the Constitution.