Topic: Indian Constitution– historical underpinnings, evolution, features, amendments, significant provisions and basic structure. Government policies and interventions for development in various sectors and issues arising out of their design and implementation. functioning of the Executive and the Judiciary.
4. The Reservation debate in India with the recent Supreme court’s pronouncement has pitted individual mobility versus class entitlements and the need of the state to identity ‘legitimate claimants’. Do you agree with the view that reservation benefits in Job promotions are not a fundamental right? Give reasons in support of your arguments. (250 words)
Reference: Economic Times
Why this question:
The recent Supreme court’s ruling that reservations in jobs, promotions are not a fundamental right reiterates a long-held reading of constitutional provisions on quota. Thus the question.
Key demand of the question:
One has to analyse the recent Supreme court’s decision upon the debate of reservations in promotions and present viewpoints with suitable justifications as to whether the judgment justifies the fact that reservation benefits in Job promotions are not a part of fundamental right.
Structure of the answer:
Briefly explain the recent verdict of the Supreme court.
According to the recent verdict, there is no fundamental right to reservations in appointments and promotions under articles 16(4) and 16(4A) of the Constitution. The apex court ruled that it was the discretion of the governments, either at the state or central level, to grant reservation in promotions. First discuss what the constitution says on reservations – explain the Articles relevant to the discussion. Then discuss the various judgments of supreme court from past to present – case of 1 962 in the M.R. Balaji v. State of Mysore, 1967, C.A. Rajendran v. Union of India, Indra Sawhney v. Union of India (1992), M Nagaraj v. Union of India (2006) etc. Present your viewpoint and justify it.
Conclude by asserting the significance of the judgment.