Mayawati opposes Apex court's SCs sub-classification verdict, says Parliament should overturn it

LUCKNOW: BSP chief Mayawati on Sunday opposed the recent Supreme Court verdict allowing sub-classification within Scheduled Castes, and said Parliament should overturn the ruling.

"The sub-classification of people within Scheduled Castes (SCs) and Scheduled Tribes (STs) has been permitted, our party doesn't agree with it at all," Mayawati said while addressing a press conference here.

In a landmark verdict, the Supreme Court on Thursday held that states are constitutionally empowered to make sub-classifications within the Scheduled Castes, which form a socially heterogeneous class, for granting reservation for the uplift of castes that are socially and educationally more backward.

Mayawati also alleged the decision will take away reservation from the SCs and STs, which will then be given to the general category.

Quoting her, a statement issued by the BSP read, "In this way, many such problems will arise from this order due to which the reservation being given to SCs and STs will end, and then the result will be that they will be deprived of reservation.

"In the end, the reservation of their share will also be given to the general category in some form or the other."

She also said Parliament should overturn the verdict and asked the Centre to bring reservation in the Ninth Schedule of the Constitution.

The Ninth Schedule of the Indian Constitution contains a list of central and state laws which cannot be challenged in courts. Initially, the Ninth Schedule was primarily focused on land reforms, but over time, various other laws, including reservations, have been added to it.

"Because the atrocities faced by the people of SCs and STs have been faced as a group and this group is equal in which it would not be right to do any kind of sub-classification," she said.

The former chief minister said, "We have appealed to the honourable Supreme Court to reconsider its decision, otherwise if the reservation facility given by the most revered Baba Saheb to make crores of Dalits and tribals stand on their feet in this country is abolished, it will become very difficult."

Mayawati said, "Those who say that SCs-STs have become economically strong, then I think only 10 or 11 per cent of the people must have become strong, the condition of the rest 90 per cent is very bad.

"With this decision of the Supreme Court, about 90 per cent of the people who need reservation will be left far behind. If they are removed according to this decision, it will be very bad."

Mayawati targeted the ruling party and the Congress saying, "The Centre and the BJP, who say that they are the supporters of the SC-ST community, should advocate for them properly... which they did not. The Congress also adopted a vague attitude on the matter.''

She said, ''In such a situation, we have to tell the BJP government at the Centre that if your intention is clear then whatever decision has come, you people should amend the Constitution in Parliament and bring it in the Ninth Schedule of the Constitution.''

Raising questions on the intentions of political parties, she said, ''I do not accept the decision taken by the Supreme Court because Parliament also has the right to overturn it. If they do not overturn it, then whether it is the Congress, the BJP, or other parties, their intentions are not clear in the matter of reservation for SCs, STs and OBC.''

Calling the Supreme Court's judgment "vague", she said the court has not yet set any standard. "In a way, under the guise of this, the state governments will make the reservation that SCs-STs have been getting till now, ineffective. People will not get the benefit of it.''

Mayawati further said, ''The reservation that SCs-STs have got is on the basis of equalising educational, social and economic disparity." The social perspective has not changed regarding them, so it is important for them to get reservation, she added.

A press statement issued by the BSP claimed that after this decision of the Supreme Court, differences will also arise between the central and state governments.

"Till now, only Parliament had the power to include or exclude any caste or tribe in the Scheduled Castes and Scheduled Tribes, which is implemented by the Hon'ble president and no state government has the right to change it.

"But now after this decision of August 1, 2024, whichever (political) party will be in power, it will keep changing according to its politics, along with which the state governments will try to give unfair advantage of reservation to their desired castes for their vote bank," it explained.