oppn parties What's Wrong In The Supreme Court Order On Reservations In Promotions?

News Snippets

  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
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What's Wrong In The Supreme Court Order On Reservations In Promotions?

By Sunil Garodia
First publised on 2020-02-10 20:22:12

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

Once again, the Opposition parties, especially the Congress, have misread a Supreme Court judgment or are willfully spreading misinformation about it in order to slam the NDA government for being anti-quota. Readers will remember that during the campaign for the 2019 elections, Rahul Gandhi had misunderstood a Supreme Court judgment to claim that the court had said that there was corruption in the Rafale deal and the chowkidar was chor. He was hauled up for contempt of court by the apex court and had to apologize. This time too, he has been going around saying that the DNA of the BJP makes it oppose reservations. He said "this is the BJP's strategy to erase reservation. In the DNA of the BJP and RSS, reservation irritates them. They want to end it... I want to tell the SC/STs, OBCs and Dalits that we'll never let reservations come to an end no matter how much Modi-ji or Mohan Bhagwat dream of it."

First of all, there is nothing in the Supreme Court order that says that reservations should end. Secondly, affirmative action for the SC/ST and OBC is a matter of fact in India and no government can change the fundamentals of that policy. Yes, there will be added action for other classes, like the NDA government's policy to introduce quotas for the economically-weaker sections of the upper castes or for Jats and other categories. But the basic structure of reservation, however much it might be detested by those who believe in meritocracy, in India is not going to be changed by any government. Rahul Gandhi is guilty of spreading misinformation in this regard.

The Supreme Court has just said in its order that reservation for promotions in government service, or even reservation per se, is not a fundamental right. The constitution of India has affirmative action as an enabling provision under Article 16(4) of the constitution and not a mandatory one. This is absolutely true and correct reading of the law as it stands. The bench said that "there is no doubt the state government is not bound to make reservations. There is no fundamental right which inheres in an individual to claim reservation in promotions. No mandamus can be issued by the court directing state governments to provide reservations." If one were to read Article 16 fully, one will immediately know that (4) is an enabling section which provides an exception for the general principle of equality laid out in  (1) for otherwise all other citizens will claim to have been discriminated against if reservations were provided to the backward classes.

It is upon the government, whether state or Central, to arrive at a conclusion that a particular backward class of citizens is not "adequately represented in the service under the State" as per the data available with it and then provide for reservation for them to ensure adequate representation. It is the work of the executive to do this and the constitution has provided the enabling section. The constitution has neither made it mandatory for the State to do it nor has it put the onus on the courts to direct the executive to do so. Hence, the Supreme Court has given a perfect judgment on the law as it stands today. Those who are rubbishing the judgment and blaming the NDA government for not making proper representation before the court must remember that Article 16(4) has existed in the constitution from the beginning. If the Congress had wanted, it could have changed the law to make it mandatory for the government to provide reservations, in jobs as well as in promotions. It did not do anything like that in the over 60 years that it ruled the country. Neither did any other government. Blaming the Supreme Court or the NDA government now will not convince many.