GUARANTEED RESERVATION RIGHTS!
The Modern Rationalist|March 2020
The State has to act as per the directives of the governing law of the country. More than 70 years judicially tested constitutional rights meant for the oppressed cannot be interpreted to sustain their inequality as ‘fait accompli’.
Dr. K.Veeramani
GUARANTEED RESERVATION RIGHTS!

Recently the Supreme Court of India delivered a verdict on the appeal, over the judgment of the High Court of Uttarakhand. The Supreme Court verdict, given by the Two Judge Bench says that the State has prerogative whether to implement reservation for the Scheduled Castes and the Scheduled Tribes or not.

The constitutional rights, entitled are not adequately dispensed due to the indifferent attitude of the higher caste people in the executive wing of the State. The State rulers do not have the political will to implement the reservation rights adequately to the extent it was committed in legislations, notifications, etc. Under such circumstances, the Supreme Court has pointed out that conducting the survey to collect the data on the representation of the Scheduled Castes and the Scheduled Tribes in public jobs is not a must once the State has decided not to implement reservation.

Further it is said that even if the survey is conducted and inadequacy in representation is ascertained, the State need not implement the reservation.

The Supreme Court has given verdict to leave the reservation rights to the political option of the State rulers.

It is against the dispensation of social justice which is one of the basic structures of the Constitution and that cannot be denied.

Background: In 2012, the State government of Uttarakhand issued a notification devoid of reservation to the Scheduled Castes and the Scheduled Tribes in the State services. The notification was challenged in the High Court and the Court in April 2019 struck down the notification, issued by the State Government of Uttarakhand. The High Court clarified that the State is obligated to collect quantifiable data regarding representation of the Scheduled Castes and the Scheduled Tribes in State services and is not obligated to collect the data on their backwardness before providing reservation for them in promotion posts.

This story is from the March 2020 edition of The Modern Rationalist.

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This story is from the March 2020 edition of The Modern Rationalist.

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