Topics Covered: Separation of powers between various organs dispute redressal mechanisms and institutions.
No 100% quota for tribal teachers: SC
What to study?
For Prelims: Constitutional provisions on reservations.
For Mains: Significance and implications of the Supreme Court verdict.
Context: The Constitution Bench of the Supreme Court has held it unconstitutional to provide 100% reservation for tribal teachers in schools located in Scheduled Areas across the country.
What’s the issue?
The case stemmed from a legal challenge to a January 10, 2000 order issued by the erstwhile State of Andhra Pradesh Bench providing 100% reservation to the Scheduled Tribe candidates, out of whom 33.1/3% shall be women, for the post of teachers in schools located in the Scheduled Areas of the State.
What has the Court said?
- 100% reservation is not permissible under the Constitution as the outer limit is 50% as specified in Indra Sawhney case, 1992.
- The citizens have equal rights and the total exclusion of others by creating an opportunity for one class is not contemplated by the Constitution.
- It also deprives SCs and OBCs of their due representation.
- The opportunity of public employment cannot be denied unjustly to the incumbents and it is not the prerogative of few.
Which rights are affected?
- Equality of opportunity and pursuit of choice under Article 51A cannot be deprived of unjustly and arbitrarily.
- It is arbitrary and violative of provisions of Articles 14 (equality before law), 15(1) (discrimination against citizens) and 16 (equal opportunity) of the Constitution.
- It also impinges upon the right of open categorybecause only STs will fill all the vacant posts leaving SCs and OBCs far behind.
Sources: the Hindu.