Amend Indian Constitution to prevail over creamy layer criteria: PFI

By Pervez Bari, TwoCircles.net

Bhopal: The Popular Front of India, (PFI), has demanded to introduce an amendment to the Constitution of India to protect the right of reservation from the limitations like exclusion of creamy layer that are being set by the judiciary. It has called upon all political parties to defeat the moves of the judiciary to dilute the effects of reservation through creamy layer, once again by making appropriate legislations including Constitutional amendments.


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A Press release issued by PFI General Secretary E. M. Abdurahman said the recent judgment by the Supreme Court of India, which upheld the Federal Government order extending the OBC reservation to institutions of higher education, is historic because it has put another nail on the coffin of anti-reservation agitation.

But as happened earlier in the Mandal verdict which ratified 27 per cent job reservation to 52 per cent OBCs, once again the Supreme Court has denied justice to a large section of potential beneficiaries by imposing the creamy layer criteria. This cannot be hailed as a moderate or balanced step. In fact it is a compromise with casteism at the cost of justice, the Press release said.

“We appreciate and congratulate the efforts of the Federal United Progressive Alliance, (UPA), Government, especially the determination of the Ministry of HRD headed by Arjun Singh in opening the gateways of higher education to the OBCs who are the marginalized sections of the Indian society. The way the political will is opposed and finally gets diluted is a matter for great concern for us. It is unfortunate that the higher judiciary got influenced by the pressure tactics of reactionary forces that are determined to sabotage any attempt, which would break their monopoly in education and employment”, Abdurahman stated.

The Press release said the concept of creamy layer is to impose economic criteria on quota reservation, which is a means of positive discrimination, stipulated in our Constitution to socially and educationally backward classes. Once it is accepted as a qualification applicable to OBC reservation, there is no guarantee that in future it will not be imposed upon the SC-ST also.

The Central Government could go ahead with the decision to introduce OBC reservation in admissions to central institutions like IITs, IIMs and AIIMS because of the 93rd Constitutional amendment of 2005 stipulating the same.

Hence, the Popular Front of India calls upon all political parties to defeat the moves of the judiciary to dilute the effects of reservation through creamy layer, once again by making appropriate legislations including Constitutional amendments, the Press release appealed. ([email protected])

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