Reservation Not a Fundamental Right
Relevance: Prelims: Polity
Why in news?
• Right to reservation isn’t a fundamental right, observed the Supreme Court while adjudicating a clutch of cases on quota for OBC candidates in Tamil Nadu’s medical colleges.
About:
• It ruled that nobody can claim right to reservation as a fundamental right, and hence not giving the quota benefits cannot be construed as a violation of any constitutional right.
• The petitions said that in Tamil Nadu, there is 69 per cent reservation for OBCs, SC and ST and within this, OBC reservations are about 50 per cent. The petitions said 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.
• But the Supreme Court questioned how a petition under Article 32 could be maintainable when there is no fundamental right to have reservation benefits. It said that “Article 32 is available only for violation of fundamental rights, but right to reservation is not a fundamental right.”
Background:
• 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.
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