THE SUPREME Court’s ruling that reservation in promotion in public posts cannot be claimed as a fundamental right and that no court can order a state government to provide for reservation to SCs and STs is set to turn into a major political battle. The Congress and Left on Sunday opposed the ruling and asked the Centre to clarify its stand.
The Congress said it will raise the issue in Parliament and lead an agitation outside. It said the Central government should take steps or approach the Supreme Court to seek a review.
The CPI (M) asked the Centre to “rectify the lacuna leading to such an interpretation through legislative resolutions in both Houses of parliament and set right this lacuna in the Constitution forthwith”. All possible legal measures to seek a review of such an interpretation must be explored, it said.
Addressing a press conference, senior Congress leader Mukul Wasnik and former MP Udit Raj criticised the verdict and slammed the BJP, alleging that the rights of SCs and STs are under threat during the BJP rule.
Wasnik said the Congress does not agree with the judgment in the Mukesh Kumar versus State of Uttarakhand case and argued that the lawyers, including Mukul Rohatgi, who had appeared for the BJP government in Uttarakhand, had contended in the apex court that there is no fundamental right to claim reservation in appointments or promotions in public posts and there is no constitutional duty on the part of the state to provide reservation. “This forms the basis of the judgment,” Wasnik said.
“Who are these people who are representing the government of Uttarakhand. Some of them have held very important positions. And they have been representing the government of Uttarakhand, which is led by the BJP…These are the basic thoughts of the BJP about reservation; whether it is a fundamental right or not or whether the state government has a constitutional duty or not. Based on these arguments the SC has given the judgment,” Wasnik said.
Raj said the Centre should clarify whether it was with the Uttarakhand government or not. “If not, they should take action against its Uttarakhand government,” Raj said.
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