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Supreme Court on reservation rights
February 12 , 2020
1731 days
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- The Supreme Court (SC) has recently ruled that the states are not bound to provide reservation in appointments and promotions.
- SC also ruled that there is no fundamental right to reservation in promotions.
- Articles 16 (4) and 16 (4-A) of the Constitution only empowers the State to make a reservation in matters of appointment and promotion in favour of the Scheduled Castes and the Scheduled Tribes.
- The judgement also noted that even the courts could not issue a mandamus directing the States to provide reservation.
Background
- The apex court said this while dealing with pleas regarding Uttarakhand government's September 5, 2012 decision.
- Uttarakhand government has announced to fill up all posts in public services in the state without providing reservations to Scheduled Castes and Scheduled Tribes.
Indra Sawhney vs Union of India and M Nagraj case (1992):
- In its landmark decision Supreme Court had held that reservations under Article 16(4) could only be provided at the time of entry into government service but not in matters of promotion.
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