Sniff A Pie On The Shelf

Reservation in public services isn’t a fundamental right, rules the SC. Amid protests, it renews the debate on the issue.

- Preetha Nair

NEARLY nine decades after the 1932 Poona pact between B.R. Ambedkar and Mahatma Gandhi that initiated reservation for backward classes, the debate on social justice is only getting shriller. In the latest, a February 7 Supreme Court order that states that reservation is not a fundamental right has sparked an intense political debate and disquiet amongst backward communities.

The top court has ruled that there is no fundamental right to reservation in ap­pointments and promotions in public services under Articles 16(4) and 16(4A) of the Constitution. It added that it was the discretion of the governments, either at the state or Centre, to grant reserva­tion in promotions. Constitutional exp­ ert Faizan Mustafa says it is a letdown for depressed classes. “The SC judgment is disappointing as the court has over­ looked judgment of the larger benches on the relationship of Article 16(1) with that of Article 16(4). Article 16 (1) talks of the right to equal opportunities in jobs and prohibits discrimination only on the basis of religion, race, caste, sex, place of birth, residence, and descent. Article 16(4) says that nothing shall prevent the state from making a reservation in favor of any backward class,” he says. The case pertains to a decision by the

Uttarakhand government in 2012, when the ruling Congress filled government posts without giving reservation to sche­duled caste (SC) and scheduled tribe (ST) communities. The latest ruling says that this provision is merely enabling; states may or may not make a reservation.