Supreme court on reservations in Job
Part of: GS Prelims –Polity and GS-II- Judiciary
- The Supreme Court has ruled that reservation in the matter of promotions in public posts is not a fundamental right
- A state cannot be compelled to offer the quota if it chooses not to.
- No mandamus can be issued by the court directing state governments to provide reservations
From Prelims Point of View :
- “prerogative writs” meaning the extraordinary writs or orders granted by the Sovereign when ordinary legal remedies are inadequate
- prerogative writs are habeas corpus, mandamus, prohibition, certiorari, and quo warranto.
- In India, the Supreme Court can issue prerogative writs under Article 32 of the Constitution, and the High Courts under Article 226.
- The writ can also be issued against inferior courts or other judicial bodies when they have refused to exercise their jurisdiction and perform their duty.
- Mandamus literally means ‘we command’.
- When issued to a person or body, the writ of mandamus demands some activity on their part
- It orders the person or body to perform a public or quasi-public duty, which they have refused to perform, and where no other adequate legal remedy exists to enforce the performance of that duty.
- The writ cannot be issued unless the legal duty is of public nature, and to whose performance the applicant of the writ has a legal right.
- Under Article 361, mandamus cannot be granted against the President or Governor of a State,