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Supreme court on reservations in Job

  • IASbaba
  • February 11, 2020
  • 0
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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,

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