PM Modi throws his hat into the quota within quota ring

Dr. Gyan Pathak, IPA, 14 August 2024: Prime Minister Narendra Modi has thrown his hat into the "quota within quota" ring, which has been set in motion by a recent Supreme Court verdict. Although the verdict has allowed a structured reservation policy for SCs in jobs and education through the sub-categorization of more backward castes for a sub-quota relative to other castes in the group, it has broader implications for ST and OBC reservations as well, especially in light of the "creamy layer" issue that it referred to.

To a group of alarmed and concerned BJP MPs belonging to SC and ST communities who met with PM Modi on August 9, he assured them that no "creamy layer" distinctions would be applied within the quota of jobs and seats in educational institutions reserved for SCs. This was a clear signal that the Union Government is exploring ways to bypass the Supreme Court verdict, which has referred to a specific category of "creamy layer" applicable to OBC reservations and advocated for the exclusion of the "creamy layer" among SCs and STs as well.

The verdict has paved the way for sub-classification within SCs and STs. While sub-classification in the name of "creamy layer" might be avoided, the problem remains that if there is to be sub-classification within STs, SCs, and OBCs as per the verdict, it would be impossible to avoid a subcategory of "creamy layer," even if it comes under a different name, relative to the more backward castes. This situation could become complex and politically volatile for the parties involved. It remains unclear, legally and politically, what exactly PM Narendra Modi meant by "no creamy layer distinction" being applied within SCs.

Nevertheless, Union Law Minister Arjun Ram Meghwal has told the Lok Sabha that the "creamy layer" principle was not part of the Supreme Court’s recent judgment on sub-categorization within the SC quota.

PM Modi was firm in his assurance given to the group of MPs, which included Union Law Minister Meghwal and Minister of Parliamentary Affairs Kiren Rijiju. This was confirmed by members of the delegation, such as former Union Minister and BJP MP Faggan Singh Kulaste, who said, “Prime Minister Modi agreed with the feelings expressed by the delegation of MPs and said that he was committed to not applying the creamy layer within the SC category.” Kulaste even posted on X that the delegation of MPs had requested the Prime Minister not to consider the opinion of the four judges who had advocated for the application of a "creamy layer" principle within the SC quota.

The Union Cabinet also met on the same day and deliberated upon the Supreme Court verdict allowing states to sub-categorize castes based on "more backwardness" to give them separate reservation quotas within the overall quotas for the entire group. The Union Cabinet asserted that the principle of "creamy layer" does not apply to reservations for SCs and STs. During the Cabinet briefing, Union Minister Ashwini Vaishnaw announced, “This government is committed to the Constitutional provisions given by Babasaheb Bhim Rao Ambedkar. There is no provision of creamy layer in Babasaheb’s Constitution. The Cabinet’s well-thought decision is that it is only as per Babasaheb’s Constitution that reservations for SC/ST should be provided.”

Union Law Minister Meghwal, while replying to a supplementary question on this issue raised during the Question Hour by Shiv Sena (UBT) MP Bhausaheb Wakchaure, said, “The reference to the creamy layer in the sub-categorization of SC/ST is an observation by a Supreme Court judge and not part of the decision. The member should not attempt to mislead society.” He also asked the opposition as a whole not to "mislead" society on the "observations" of a Supreme Court judge regarding carving out a "creamy layer" for exclusion from SC/ST reservations.

PM Modi's stance on the issue is in contrast to the earlier position of the BJP. In 2001, as Chief Minister of Uttar Pradesh, Rajnath Singh, currently Defence Minister of India, led a committee that recommended a "quota within quota" policy, which was subsequently implemented. It was a political gamble by the BJP that ultimately failed, politically speaking, to divide the STs, SCs, and OBCs. However, the BSP-BJP coalition government came to power after the 2002 election, following a brief spell of President's rule, and Chief Minister Mayawati scrapped the policy in May 2003.

PM Modi's current stance may result from the political lessons learned by the BJP in 2001, especially at a time when the BJP has lost its majority in the Lok Sabha in the 2024 election, winning only 240 seats. He may not be willing to take further risks at a time when the same Uttar Pradesh delivered a political shock to the BJP during the Lok Sabha election, especially because OBCs and Dalits shifted to INDIA alliance partners—the Samajwadi Party and the Congress.

Nevertheless, BJP's allies, JD(U) in Bihar, and TDP in Andhra Pradesh, have hailed the Supreme Court verdict overall. However, they have yet to clarify their political stance on sub-categorization within STs, SCs, and OBCs, including the "creamy layer" categorization. Although the Congress government of Telangana has announced it will be the first state in the country to implement the Supreme Court verdict on reservation, the Central Congress leadership has decided to hold consultations within and outside the party, including state units, to finalize its stance on the verdict.

BSP leader Mayawati has opposed and criticized the verdict. However, many leaders across political parties have welcomed the verdict, though their parties are still formulating their positions. Every party in the country is preparing for a political wrestling match over the issue to derive maximum political benefit from the "quota within quota" debate, including the exclusion of the "creamy layer." A politico-legal battle on the issue is also likely, given the Modi government’s stance running counter to the Supreme Court verdict.