New Delhi, Sep 19 (UNI) Senior counsel F S Nariman appearing for anti-reservationists before the constitution bench in the Supreme Court today rubbished the idea of exclusion of creamy layer so long as caste is the foundation of reservation policy.
Mr Nariman also expressed surprise that '' we Indians strive for setting up a casteless society while at the same time government promotes casteism by adopting caste based reservation policy.'' He further contended that exclusion of creamy layer was an impossibility so long as the government perpetuates the casteism by providing reservations to OBCs on the basis of caste and not on the basis of class.
The central government has been opposing the exclusion of creamy layer. The Supreme Court in Mandal commission case had propounded the concept of creamy layer for the first time in 1992 and the five-judge constitution bench in Nagraaj case had also directed the government not to extend the benefits of the policy of reservation to the well to do section called creamy layer among OBCs.
Earlier, senior counsel Rajeev Dhawan concluded his arguments by contending that the issue of reservation was not considered seriously in Parliament during discussion on the Bill and the government never considered the financial implications of its quota policies which will cause additional burden of about Rs 17000 crore on the state exchequer.
The arguments against the government notification providing 27 per cent reservation to OBCs in admission to centrally-run educational institution of higher learning remained inconclusive and will continue tommorow.
The judges on the bench are Chief Justice K G Balakrishnan and Justices Arijit Pasayat, C K Thakkar, R V Raveendran and Dalveer Bhandari.
Mr Nariman also contended that no identification of the beneficiary is possible without having a criteria of backwardness of a class.