Supreme court on reservations in Job

Supreme court on reservations in Job

Part of: GS Prelims –Polity and GS-II- Judiciary

In news:

• 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:

•  “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 :

• 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,