Reservation not a Fundamental Right: SC

  • IASbaba
  • June 16, 2020
  • 0
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Reservation not a Fundamental Right: SC

Part of: GS-Prelims and GS-II – Fundamental Rights; Constitution 

In News:

  • The Supreme Court has recently observed that the Right to reservation is not a fundamental right

Key takeaways 

  • It has ruled that nobody can claim right to reservation as a fundamental right.
  • Not giving the quota benefits cannot be construed as a violation of any constitutional right.
  • The petitions filed in Tamil Nadu said that 50 per cent of OBC candidates must get admissions in the medical colleges out of seats surrendered under the all India Quota, except for central government institutions.
  • The Supreme Court questioned the petition emphasising that Article 32 could not be applied since there was no fundamental right to have reservation benefits. 

Important value additions 

  • In February 2020, the Supreme Court ruled that there is no fundamental right to claim reservation in public jobs and no court can order a state government to provide for reservation to SC/STs.
  • Article 32 is available only for violation of fundamental rights, but right to reservation is not a fundamental right.

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