New Delhi: Asserting that the idea of denying reservation to SCs and STs on account of the creamy layer concept is “condemnable”, Congress president Mallikarjun Kharge on Saturday said the government should have bought legislation in Parliament to nullify the Supreme Court judgement on the issue.

Earlier this month, a seven-judge Bench of the Supreme Court led by Chief Justice D Y Chandrachud ruled in a 6:1 majority judgement that state governments were permitted to sub-classify communities within the SC list based on empirical data.

Supreme Court judge Justice B R Gavai had said that states must evolve a policy for identifying the creamy layer even among the Scheduled Castes (SC) and Schedule Tribes (ST) and deny them the benefit of reservation.

“Who do you want to benefit by bringing a creamy layer? By bringing a creamy layer (concept) on one hand you are denying untouchables and giving to those who have enjoyed privileges for thousands of years. I condemn this,” Kharge told reporters here.

This issue of creamy layer that has been raised by the seven judges shows that they have not thought about SCs and STs in a serious manner, he said.

“Till the time untouchability exists, reservation should be there and will be there. We will fight for it,” Kharge said.

“I found the court’s decision surprising. Those who are facing untouchability in real life and those people belonging to SCs and STs even on high posts are facing discrimination. If they have money even then they face discrimination,” Kharge said.

“I would like to appeal that all people should unite and ensure that this judgement does not get recognition and this matter should not be raised again,” he added.

The Congress is discussing other things related to sub-categorisation and will decide on further steps after discussion with intellectuals and leaders of various states, he said.