x
Help Us Guide You Better
best online ias coaching in india
2020-02-09

Download Pdf

banner

Indian Polity
www.thehindu.com

Reservation in promotion in public posts cannot be claimed as a fundamental right, the Supreme Court has reiterated in a judgment.

A Bench of Justices L. Nageswara Rao and Hemant Gupta observed that State governments are not bound to make reservations. Even the courts could not issue a mandamus directing the States to provide reservations.

“There is no doubt that the State government is not bound to make reservations. There is no fundamental right which inheres in an individual to claim reservation in promotions. No mandamus can be issued by the court directing the State government to provide reservations,” the court observed in its February 7 verdict. Citing Constitution Bench precedents that had settled the law, the court said Articles 16 (4) and 16 (4-A) of the Constitution did not confer individuals with a fundamental right to claim reservations in promotion.

The Articles empower the State to make reservation in matters of appointment and promotion in favour of the Scheduled Castes and the Scheduled Tribes only “if in the opinion of the State they are not adequately represented in the services of the State”.

“The inadequacy of representation is a matter within the subjective satisfaction of the State,” the judgment said. Thus, the State government has discretion “to consider providing reservations, if the circumstances so warrant”.

“It is settled law that the State government cannot be directed to provide reservations for appointment in public posts. Similarly, the State is not bound to make reservation for Scheduled Castes and Scheduled Tribes in matters of promotions,” the top court explained.

Subscribe to The Hindu digital to get unlimited access to Today's paper

Already have an account ? Sign in

Find mobile-friendly version of articles from the day's newspaper in one easy-to-read list.

Enjoy reading as many articles as you wish without any limitations.

A select list of articles that match your interests and tastes.

Move smoothly between articles as our pages load instantly.

A one-stop-shop for seeing the latest updates, and managing your preferences.

We brief you on the latest and most important developments, three times a day.

*Our Digital Subscription plans do not currently include the e-paper ,crossword, iPhone, iPad mobile applications and print. Our plans enhance your reading experience.

To continue enjoying The Hindu, You can turn off your ad blocker or Subscribe to The Hindu.

END
© Zuccess App by crackIAS.com